Less Punishment Will Send 'A Wrong Message': What CJM Varma Said As He Convicted Rahul Gandhi

The Chief Judicial Magistrate of Surat Court HH Varma held Rahul Gandhi guilty in the 'Modi surname' defamation case. Here's all about him and what he said in his judgement.

Rahul Gandhi disqualified as MP after justice HH Varma convicted him in the 'Modi Surname' defamation case.

Source : PTI

Rahul Gandhi Disqualification: Congress leader Rahul Gandhi has been disqualified as a Member of Parliament after Chief Judicial Magistrate of Surat Court HH Varma Thursday held him guilty of criminal defamation over his ‘Modi Surname’ remark in 2019. The court noted that Rahul Gandhi earlier tendered an unconditional apology in 2018 in the Supreme Court for his 'chowkidaar chor hai' comment but "there's no evidence of any change in his conduct".

Key Observations HH Varma Made During The Hearing

The court of CJM Varma held Gandhi guilty under sections 499 and 500 of the Indian Penal Code (IPC), before granting him bail and suspending the sentence for 30 days so he can appeal the verdict in a higher court.

Delivering the verdict, the court said Gandhi could have limited his speech to Prime Minister Narendra Modi, industrialist Anil Ambani, or Nirav Modi, Vijay Mallya and Mehul Choksi who have fled the country, but he "intentionally" made a statement that hurt every individual whose surname is Modi, thereby committing "criminal defamation".

In its 168-page order, the CJM also noted that the seriousness of the crime increased because Gandhi is an MP and a speech delivered by a legislator has a "very wide impact on the public". "And if the accused is given less punishment, then it sends a wrong message to the public and the purpose of defamation is not fulfilled and anybody will easily slander someone," the order said, as quoted by news agency PTI.

The court also recalled how the Supreme Court had in the 2018 case asked Gandhi to remain alert in the future, after he apologised for his 'chowkidar chor hai' remark. "Despite the Supreme Court alerting the accused, there appears to be no change in his conduct," it said.

The Surat defamation case was filed on the basis of a complaint lodged by BJP MLA Purnesh Modi, who is a former Gujarat minister, after Gandhi said in a rally: “How come all the thieves have Modi as the common surname?” He made the remarks while addressing a gathering at Karnataka's Kolar on April 13, 2019, during campaigning for the 2019 Lok Sabha polls.

According to the Representation of the People Act, a convicted MP or MLA who has been sentenced to imprisonment for two years or more shall be disqualified "from the date of such conviction", and also remain disqualified for another six years after serving time.

Accordingly, In Rahul Gandhi's case, the disqualification will last eight years.

A disqualified leader cannot contest for the period.