'Modi surname' defamation case: In a recent development to the 'Modi surname' defamation case, Gujarat High Court judge Justice Gita Gopi has declined from hearing a plea filed by Congress leader Rahul Gandhi. According to sources, the case was assigned to her but she chose to recuse herself and directed the court registry to hand over the matter to the Chief Justice for assigning to a different bench.
Gandhi's appeal was mentioned before single judge Justice Gopi, who responded with "not before me" and advised the advocate to approach the acting Chief Justice of the High Court.
Earlier on April 20, a sessions court in Surat had dismissed Gandhi's plea seeking suspension of his conviction by the magistrate court. In a detailed order, the sessions court held that Gandhi's disqualification would not amount to an irreversible loss to him and refused to grant interim relief.
Notably, Gandhi had moved to Gujarat High Court after the lower court rejects his request to pause conviction in the 'Modi surname' case. The Congress leader was disqualified from Lok Sabha last month following his conviction in a defamation case. The Congress leader had even vacated his official bungalow on Saturday (April 22) for the same.
What Rahul Gandhi said about his conviction?
Gandhi termed his conviction as "erroneous" and "patently perverse" and said the trial court treated him harshly after being overwhelmingly influenced by his status as an MP.
“The appellant has been treated harshly at the stage of determination of sentence taking into account his position as a Member of Parliament, hence the far-reaching implications would have been in the knowledge of the trial court,” he said.
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The Congress leader said that he was sentenced in a manner so as to attract the order of disqualification because the trial court was well aware of his status as a Parliamentarian. Opposing his plea, complainant Gujarat MLA Purnesh Modi told the court that Gandhi is a repeat offender with several criminal defamation proceedings against him going on in different courts across the country.
Surat court sentences Rahul Gandhi to 2 years in jail
It should be mentioned here that a court in Gujarat's Surat sentenced Congress leader Gandhi to two years in jail in a 2019 criminal defamation case filed against him over his "Modi surname" remarks. He stated this while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.
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Notably, the complaint against his remarks was lodged by BJP MLA and former Gujarat minister Purnesh Modi. A case was filed against Gandhi for his alleged “how come all the thieves have Modi as the common surname?” The case was filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi under sections 499 and 500 (defamation) of the Indian Penal Code.
(With inputs from agencies)
