AHMEDABAD: The Gujarat High Court will hear on May 2 a petition filed by Congress leader Rahul Gandhi in the 2019 `Modi surname` defamation case. Senior advocate Abhishek Manu Singhvi, appearing for Rahul Gandhi, argued at length before the Gujarat High Court today. court. The counsel for the complainant sought time to place certain documents on record, following which the court allowed the same and adjourned the hearing till May 2.
Earlier on April 25, Rahul Gandhi had moved the Gujarat High Court challenging the Surat sessions court’s verdict, which dismissed his plea to stay his sentence in a 2019 criminal defamation case over the `Modi surname’ remark. Had given.
A Surat court on April 20 dismissed Rahul Gandhi’s plea seeking a stay on his conviction in a 2019 criminal defamation case. In his judgement, Additional Sessions Judge Robin P Mogera had cited Gandhi’s stature as a parliamentarian and former head of the country’s second largest political party and said he should have been more careful.
He cited prima facie evidence and observations of the trial court and said it showed that Gandhi made some derogatory remarks against Prime Minister Narendra Modi, besides comparing people with the same surname with thieves.
Mogera said that Bharatiya Janata Party (BJP) MLA Purnesh Modi is also the surname of the complainant in the case. “…the complainant is [also an] Former minister and involved in public life and such derogatory remarks would certainly have damaged his reputation and caused him pain and suffering in the society.
Mogera cited the disqualification criteria under the Representation of the People Act and said that expulsion or disqualification as an MP cannot be said to have caused irreparable or irreparable loss or damage to Gandhi.
Earlier on April 3, the Sessions Court had granted bail to the Congress leader. While granting bail to the former MP, the court had issued a notice to Purnesh Modi and the state government. Heard both the sides and then reserved the order for April 20.
Rahul Gandhi was the Lok Sabha MP from Wayanad, but was sentenced to two years in jail by a trial court in Surat on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Purnesh. was later disqualified. Modi. The case pertains to the use of the surname `Modi` by Rahul Gandhi while addressing a campaign event ahead of the 2019 Lok Sabha elections.
At a rally in Kolar, Karnataka in April 2019, Rahul took a dig at Prime Minister Narendra Modi, saying, “How come all thieves have the surname Modi?”. Following his conviction, Rahul was disqualified as an MP on 24 March, in accordance with a Supreme Court ruling in 2013. Under the ruling, any MP or MLA convicted and sentenced to two years or more is automatically disqualified.