'Modi Surname' Row HIGHLIGHTS: 'Rahul Gandhi Will Not Be Cleared Of Conviction,' Complainant's Lawyer Says
Rahul Gandhi defamation case HIGHLIGHTS: The SC has stayed the conviction of Rahul Gandhi in the Modi surname case after he put forth "exceptional arguments". Catch all the LIVE updates here.
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Background
Rahul Gandhi defamation case HIGHLIGHTS: The Supreme Court has ordered a stay on Congress leader Rahul Gandhi's conviction and the two-year sentencing imposed by a Gujarat magistrate's court for his 'all thieves have Modi surname' remark. A bench bench, comprising Justices BR Gavai, PS Narasimha, and Sanjay Kumar, heard Gandhi's plea for a stay on his conviction. The Gujarat High Court earlier refused to stay his conviction in the criminal defamation case.
At the very outset, the Supreme Court had said that Rahul Gandhi would have to "make out an exceptional case" for any stay on conviction, reported legal news website Bar & Bench.
Appearing for Gandhi, senior Advocate Abhishek Manu Singhvi argued that even the complainant BJP MLA Purnesh Modi had adopted his surname (Modi). "Not a single of the persons Gandhi had named during his speech have sued. Interestingly, everybody who is aggrieved in this very 'small' community in 13 crores, only people suing are BJP office-holders. This is very strange... In that 13 crore, there is no uniformity, homogeneity, identifiability, no boundary line," Singhvi was quoted as saying by legal news website Live Law. "In democracy we have dissent and disagreement. What we call 'shaleen [decent]' bhasha," he said.
While ordering the stay, the SC also said: "There is no doubt that utterances are not in good taste, person in public life is expected to exercise caution while making public speeches, says Supreme Court. As observed by this court while accepting his affidavit in the contempt petition, he [Rahul Gandhi] ought to have been more careful."
What Is The Modi Surname Defamation Case Against Rahul Gandhi?
In March, Rahul Gandhi was disqualified as a Lok Sabha member subsequent to a Surat metropolitan magistrate's court sentencing him to a two-year jail term. This verdict was related to the 2019 case revolving around his statement "why do all thieves have the Modi surname?" Later, the Surat sessions court refused to halt the conviction in this matter.
The erstwhile Lok Sabha representative from Wayanad had made this statement during a rally in Karnataka prior to the 2019 Lok Sabha elections. His comment targeted PM Modi due to the shared surname with absconding businessmen Nirav Modi and Lalit Modi, both involved in separate money laundering cases.
After his conviction, Rahul underwent disqualification as an MP on March 24, in accordance with a 2013 Supreme Court decree. As per this decree, any Member of Parliament (MP) or Member of Legislative Assembly (MLA) automatically faces disqualification upon receiving a conviction leading to a sentence of two years or more.
'Modi Surname' Row LIVE: Emotional win for the entire public, Harish Rawat says
On Supreme Court staying the conviction of Congress leader Rahul Gandhi in 'Modi' surname defamation case, Senior Congress leader Harish Rawat says, "...This is an emotional win for the entire public. Supreme Court's verdict results in advice to many...It is a win for Rahul Gandhi's personality...This will also strengthen the alliance..."
'Modi Surname' Row LIVE: Adhir Ranjan Chowdhury has sought time to meet LS Speaker Om Birla: Report
Leader of Congress in Lok Sabha, Adhir Ranjan Chowdhury has sought time to meet Speaker Om Birla tomorrow regarding the Supreme Court's stay on Rahul Gandhi's conviction in 'Modi surname' remark case, ANI reported citing Congress Sources.
'Modi Surname' Row LIVE: Assam CM Himanta Sarma accuses Congress of 'duplicity'
"Heights of duplicity! You abuse the judiciary when you get convicted, and when the same judiciary grants you bail, you say justice has prevailed," Assam CM Himanta Sarma posted.
'Modi Surname' Row LIVE: Congress workers in Wayanad carry out celebratory march
Congress workers in Kalpetta town of Wayanad district in Kerala carried out a celebratory march and distributed sweets earlier today. The Supreme Court stayed the conviction of Congress leader Rahul Gandhi in 'Modi' surname defamation case today, ANI reported.
#WATCH | Congress workers in Kalpetta town of Wayanad district in Kerala carried out a celebratory march and distributed sweets earlier today. The Supreme Court stayed the conviction of Congress leader Rahul Gandhi in 'Modi' surname defamation case today.
— ANI (@ANI) August 4, 2023
He was elected as an MP… pic.twitter.com/2baZx7tU2S
'Modi Surname' Row LIVE: Evidence Against Rahul Is Strong, He'll Not Be Cleared Of Conviction, Complainant's Lawyer Says
"Fact of the matter is that he (Rahul Gandhi) is a convict and when the case goes on, I hope, he will be established as guilty. I can't say what sentence will the Sessions Court pronounce - 2 years or lesser or fine. But the evidence that has been presented is so strong that he will not be cleared of conviction," Mahesh Jethmalani - senior advocate appearing for complainant Purnesh Modi and Rajya Sabha MP. (ANI)
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