Senior lawyer Abhishek Manu Singhvi on Saturday instructed the Gujarat High Court that “very serious ex-facie vitiating factors” about the trial’s process led to the conviction of Congress chief Rahul Gandhi in a prison defamation case over his “Modi surname” comment.
Mr. Singhvi is arguing on behalf of Mr. Gandhi in the excessive courtroom, which started listening to the previous Congress president’s plea difficult the order of the Surat periods courtroom declining a keep to his conviction in a prison defamation case over his “Modi surname” comment.
Justice Hemant Prachchhak of the High Court took up the prison revision software filed by Mr. Gandhi difficult the April 20 order of the periods courtroom.
If the High Court permits his plea, it may pave the best way for Mr. Gandhi’s reinstatement as a Member of Parliament.
On Wednesday, High Court choose Justice Gita Gopi recused herself from listening to the case after it was introduced earlier than her for an pressing listening to. The matter was then assigned to the courtroom of Justice Prachchhak.
Arguing in the excessive courtroom, Mr. Singhvi stated, “There are very serious ex-facie vitiating factors of the trial that raise grave apprehension about the process of trial which led to the conviction. In the case of a public servant or a legislator, it has very serious additional irreversible consequences – to the person, the constituency, and also drastic consequences of re-election,” he instructed the courtroom.
Also learn: Defamation perils: on the Rahul Gandhi case
A metropolitan Justice of the Peace’s courtroom in Surat on March 23 sentenced the previous Congress president to two years in jail after convicting him beneath Indian Penal Code (IPC) sections 499 and 500 (prison defamation) in a 2019 case filed by Bharatiya Janata Party’s (BJP) Gujarat MLA Purnesh Modi.
Following the decision, Mr. Gandhi, elected to the Lok Sabha from Wayanad in Kerala in 2019, was disqualified as an MP beneath the provisions of the Representation of the People Act.
Mr. Gandhi, 52, challenged the order in the Surat periods courtroom together with an software in search of a keep to the conviction. While granting him bail, the courtroom on April 20 refused to keep the conviction.
Purnesh Modi filed a prison defamation case in opposition to Mr. Gandhi over his ‘How come all thieves have Modi because the widespread surname?’ comment made throughout an election rally at Kolar in Karnataka on April 13, 2019.