Legally Speaking

Surat Session Court: Order Reserved On Rahul Gandhi’s Plea For Stay On Conviction In Defamation Case, Order on April 20 | ‘Modi-Thieves Remark’

The Surat Sessions Court in the case observed and has reserved its order in an application moved by Rahul Gandhi’s, wherein seeking a stay on his conviction in the defamation case over his remark, ‘why all thieves share the Modi surname’ which was made during a political campaign in Karol in the month of April 2019.
The bench of Surat session court of Judge Robin Mogera in the case observed and has reserved its verdict after hearing the application of Rahul Gandhi and the complainant, BJP’s Purnesh Modi.
Therefore, if the court allows the application of Rahul Gandhi, the membership of Rahul Gandhi of the Lok Sabha will be restored, with subject to the issuance of notification of the LS Secretariat in the said regard.
The court also recalled that in the month of March, 2023, the bench headed by Chief Judicial Magistrate sentenced to Rahul Gandhi to two years in jail, wherein following to which Rahul Gandhi was disqualified as MP of Lok Sabha. Further, the court suspended the sentence of Rahul Gandhi and the court also him the granted bail to enable him to move an appeal against his conviction within 30 days.
Further, the Surat Sessions Court in the month of April 3 granted bail, till the disposal of the Rahul Gandhi’s appeal in the defamation case.
Facts of the Case:
In the present case, the complaint was filed by BJP MLA and former Gujarat minister Purnesh Modi Purnesh Modi under section 499 and section 500 of the Indian Penal Code, 1860 against Rahul Gandhi for his alleged remarks wherein stating that it has defamed all people with the ‘Modi’ surname while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.
Therefore, remarks had been video graphed by the video surveillance team and it has duly been notified by the video viewing team by the office of Deputy Commissioner and District Election Officer, Kollar District.
The Gujarat High Court in the case observed and has vacated the stay on trial in the criminal defamation case in the month of February this year.
Further, the Rahul Gandhi remained present in the court when the court pronounced its verdict. Thus, Rahul Gandhi was present before the Court, earlier three occasions too.
The Rahul Gandhi has maintained that there being no malafide intention on his part when he made the statement in question.

TDG Network

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