‘Modi Surname’ Defamation Case: Gujarat HC Dismisses Rahul Gandhi’s Stay Plea Against Conviction

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‘Modi Surname’ Defamation Case: Gujarat HC Dismisses Rahul Gandhi’s Stay Plea Against Conviction


Congress chief Rahul Gandhi immediately did not get reduction from Gujarat High Court within the Modi surname defamation case because the HC upheld Sessions Court’s order denying a keep on conviction within the case. After immediately’s HC verdict, Rahul Gandhi will not be capable of contest elections or search revocation of the suspension of his standing as a Member of Parliament (MP). He can attraction the High Court order in Supreme Court. Gujarat High Court famous that the trial court docket conviction order was correct and there’s no have to intervene with the order and dismissed Rahul Gandhi’s software. The Court additional famous that at the least 10 felony circumstances are pending in opposition to Rahul Gandhi.

Rahul Gandhi had moved the Gujarat High Court on April 25 difficult the Surat classes court docket order which declined to remain his conviction within the felony defamation case. During the listening to on April 29 in Gujarat HC, Senior Advocate Abhishek Manu Singhvi, showing for Rahul Gandhi, had sought time to provide sure paperwork on document after which the court docket adjourned the listening to to May 2. The Surat classes court docket had on April 20 rejected Rahul Gandhi’s plea in search of a keep on his conviction within the 2019 felony defamation case.

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Meanwhile, on July 4, Jharkhand High Court directed that no coercive motion be taken in opposition to Congress chief Rahul Gandhi within the ‘Modi surname’ defamation case. The subsequent listening to shall be on August 16. Earlier in May this 12 months, Gujarat HC reserved its order on Rahul Gandhi’s plea in search of a keep on his conviction within the 2019 ‘Modi surname’ defamation case. The court docket refused to grant any interim reduction to Rahul Gandhi.

In his judgement, Additional classes choose Robin P Mogera had cited Gandhi’s stature as an MP and former chief of the nation’s second-largest political occasion and mentioned he ought to have been extra cautious. He cited prima facie proof and observations of the trial court docket and mentioned it transpires that Gandhi made sure derogatory remarks in opposition to Prime Minister Narendra Modi aside from evaluating folks with the identical surname with thieves.

Mogera mentioned the surname of the complainant within the case, Bharatiya Janata Party (BJP) lawmaker Purnesh Modi, can be Modi. “…the complainant is [also an] ex-minister and involved in public life and such defamatory remarks would have certainly harmed his reputation and caused him pain and agony in society,” he mentioned.

Mogera cited the disqualification standards beneath the Representation of the People Act and added that removing or disqualification as MP couldn’t be termed irreversible or irreparable loss or injury to Gandhi. Following his conviction by a decrease court docket within the felony defamation case, Rahul Gandhi was disqualified as Lok Sabha MP. He had been elected to Lok Sabha from Wayanad in Kerala.

The decrease court docket sentenced the Congress chief to 2 years in jail on March 23 beneath sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Purnesh Modi. At a rally in Karnataka’s Kolar in April 2019, Rahul Gandhi, in a dig at Prime Minister Narendra Modi, mentioned, “How come all the thieves have Modi as the common surname?”.





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