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SC give relief to Rahul Gandhi in Modi surname case, can represent Wynand and fight polls

Rahul Gandhi’s conviction in a criminal defamation case stemming from his “Modi surname” statement from 2019 was overturned by the…

SC give relief to Rahul Gandhi in Modi surname case, can represent Wynand and fight polls

Congress leader Rahul Gandhi (ANI)

Rahul Gandhi’s conviction in a criminal defamation case stemming from his “Modi surname” statement from 2019 was overturned by the Supreme Court on Friday, clearing the way for the renewal of his Lok Sabha membership. He will be able to run in the upcoming national elections thanks to the stay.

Justice BR Gavai stated that the conviction of Gandhi would have broad repercussions because it would also undermine the electorate’s right to vote.

The bench stated, “Since the trial judge could not provide any justification for imposing the maximum punishment, the order of conviction needs to be stayed awaiting final adjudication.

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With regard to Gandhi’s remark, “How come all thieves have Modi as the common surname?” made on April 13, 2019, at an election rally in Kolar, Karnataka, Purnesh Modi, a former minister in the Gujarat government, filed a criminal defamation action against Gandhi in 2019.

Senior attorney Abhishek Manu Singhvi argued on behalf of Gandhi that the BJP MLA Purnesh Modi’s lawsuit against the Congressman was odd because none of the people he had mentioned in his speech had filed a lawsuit.

It’s interesting to note that the only plaintiffs in this 13-crore-strong small group of complaints are BJP office holders. Very odd,” he remarked.

Purnesh Modi’s attorney, senior lawyer Mahesh Jethmalani, stated that while the appeal is still ongoing before the sessions court, the petitioner must have a compelling argument for the court to overturn the conviction without reexamining the evidence.

Justice BR Gavai questioned whether it was important that the Wayanad constituency was not represented because of the petitioner’s conviction because the electorate’s right to vote was being compromised. Gavai asserted that the trial judge must defend his decision to impose the maximum sentence.

Rahul Gandhi once again refused to apologise for his remark on the Modi surname, which resulted in his conviction in the defamation case and subsequent expulsion from the Parliament. Instead, he asked the Supreme Court to stay his conviction on the grounds that he is innocent.

 

 

 

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