Purnesh Modi, a BJP MLA who filed the complaint against Rahul Gandhi in the criminal defamation case, stated that everyone should accept the court’s decision since that is “Satyamev Jayate” in the truest sense after the Gujarat High Court on Friday declined to suspend Rahul Gandhi’s conviction.
Gujarat High Court on Friday upheld Sessions Court’s order denying stay on the conviction of Rahul Gandhi in the defamation case against ‘Modi surname’ remark. Purnesh Modi had filed a complaint against Rahul Gandhi over the remark in a Surat court.
“We welcome today’s verdict by the High Court…He should think about it and not create such history,” Purnesh Modi said answering a query.
Purnesh Modi’s advocate Harshit Tolia said they also referred to Rahul Gandh’s remarks where he had refused to apologise on his remarks concerning Veer Savarkar.
“We also placed on record a statement reported in newspapers wherein he (Rahul Gandhi) had said, ‘I am not Veer Savarkar, won’t say sorry’. The other side did not deny it. The court considered it at this stage..,” he said.
The Gujarat High Court bench of Justice Hemant M Prachchhak said that the trial court conviction order is proper and there is no need to interfere. “There is no need to interfere with the said order. Therefore, the application is dismissed,” he said.
The court dismissed Rahul Gandhi’s plea and noted that at least 10 criminal cases were pending against him and even after the present case, some more cases have been filed against him. One such case has been filed by the grandson of Veer Savarkar, the court said.
Earlier in May this year, Gujarat HC reserved its order on Rahul Gandhi’s plea seeking a stay on his conviction in the 2019 ‘Modi surname’ defamation case.
Rahul Gandhi had moved the Gujarat High Court on April 25 challenging the Surat sessions court order which declined to stay his conviction in the criminal defamation case.
The Surat sessions court had on April 20 rejected Rahul Gandhi’s plea seeking a stay on his conviction in the criminal defamation case.
In his judgement, Additional Sessions Judge Robin P Mogera cited Rahul Gandhi’s stature as an MP and former chief 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 transpires that Gandhi made certain derogatory remarks against Prime Minister Narendra Modi apart from comparing people with the same surname with thieves.
Judge Mogera said the surname of the complainant in the case, Bharatiya Janata Party (BJP) lawmaker Purnesh Modi, is also Modi. “…the complainant is [also an] ex-minister and involved in public life. Such defamatory remarks would have certainly harmed his reputation and caused him pain and agony in society,” he said.
He cited the disqualification criteria under the Representation of the People Act and added that removal or disqualification as MP could not be termed irreversible or irreparable loss or damage to Gandhi.
Following his conviction by a lower court in the criminal defamation case, Rahul Gandhi was disqualified as Lok Sabha MP. He had been elected to Lok Sabha from Wayanad in Kerala