Modi Surname Case: Trial Not Fair, Says Rahul Gandhi's Lawyer. Verdict On April 20

Rahul Gandhi was found guilty under Section 504 of the Indian Penal Code (IPC) for intentionally insulting with the intent to cause a disturbance of peace.

Rahul Gandhi was convicted by a Gujarat court for his statements during the Congress' election campaign in Kolar in 2019.

Source : PTI

Rahul Gandhi's lawyer on Thursday argued in a court in Surat that the trial in a defamation case over "Modi surname" remark was "not fair" and there was no need for maximum punishment in the case. The next hearing on the matter is scheduled on April 20. Last month, Rahul Gandhi was convicted by a Gujarat court for his statements during the Congress' election campaign in Kolar in 2019. A Gujarat municipal court sentenced him to two years in prison. The conviction came on the basis of a case filed by BJP MLA Purnesh Modi, wherein he accused Rahul Gandhi of humiliating the entire Modi community with his remarks in Kolar. He will appear in another hearing related to the case on May 3, but the two are different in nature. 

In his complaint, Purnesh Modi alleged that Gandhi made a statement, asking, "How come all the thieves have Modi as the common surname?"

On Thursday, arguments from both sides commenced in the court of Additional Sessions Judge RP Mogera. Arguing for Gandhi, senior advocate RS Cheema said that the trial was not "fair". The judgement by the magistrate was "strange" because the trial court judge "made a hotchpotch of all the evidence on record", Cheema said.

"It was not a fair trial. The entire case was based on electronic evidence, wherein I made a speech during elections and a person sitting 100 km away filed a complaint after watching that in the news...There was no need for maximum punishment in this case," argued Cheema on behalf of Gandhi.

On the other hand, arguing against Gandhi's plea for a stay on conviction, Purnesh Modi's lawyer Harshit Toliya said his client felt offended because Gandhi had tried to defame all people with Modi surname. "He (Gandhi) was the president of the second largest party at the time of making the speech. His speech made a huge impact on the people of India and he also tried to sensationalise his speech," said Toliya.

"In his speech, Rahul Gandhi spoke about Prime Minister Narendra Modi. But he didn't stop there and went beyond it. He then said "Saare choron ke naam Modi hi kyu hai? Dhoondho aur bhi Modi milenge (Why are all thieves have Modi surname? If you search, you will find more such Modis). My client was hurt by this part of the speech and thus the complaint," Toliya added.

Rahul Gandhi was found guilty under Section 504 of the Indian Penal Code (IPC) for intentionally insulting with the intent to cause a disturbance of peace. Consequently, he lost his Lok Sabha membership and was instructed to vacate his government Bungalow. In response, Gandhi wrote a letter to the Lok Sabha secretariat's deputy secretary, affirming that he will comply with the notice's provisions.

Unless a higher court overturns his sentence, the Congress leader will be unable to vote for the next eight years. On April 13, Gandhi is scheduled to appear before the Gujarat District and Sessions Court to plead for a stay on the conviction in the case. On May 3, the court will determine whether the charges against him are maintainable.

In the May 3 hearing, the court will decide whether there is enough evidence to charge Rahul Gandhi with defamation. 

On Wednesday, while opposing Rahul Gandhi's plea before the Surat District and Sessions court for a stay of conviction in the case, Purnesh Modi said the Congress leader is a "repetitive offender" who is in the habit of making defamatory statements.