Congress leader Rahul Gandhi on Wednesday filed a rejoinder affidavit in the Supreme Court and refused to apologise in connection with the 'Modi surname' remark defamation case. In his 63-page affidavit, Gandhi stated that the case does not fall under an "exceptional category" which entitles him to a relief or stay of conviction.
Asserting that he is not guilty, the former Wayanad MP claimed that the conviction is unsustainable and that if he had to apologise and compound the offence, he would have done it much earlier.
The complainant, Gujarat BJP MLA Purnesh Ishwarbhai Modi, in his reply before the Supreme Court used slanderous terms such as 'arrogant' to describe Gandhi only because he has refused to apologise, stated Gandhi’s affidavit.
What affidavit stated?
"Using the criminal process and the consequences under the Representation of Peoples Act to arm-twist Rahul Gandhi into apologising for no fault, is gross abuse of the judicial process and ought not to be countenanced by this Court," Gandhi's affidavit stated.
The affidavit, in response to Purnesh Modi's affidavit in the case, further stated that he has an ‘exceptional' case considering the offence being a trivial offence, and the irreparable harm that accrues to him, as an elected MP. "On the other hand, there is no prejudice caused at all to the complainant. It is therefore prayed for that the conviction of Rahul Gandhi be stayed, enabling him to participate in the ongoing sittings of the Lok Sabha and the sessions thereafter," it added.
Rahul Gandhi sentenced 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.
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.
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