Guj court rejects Rahul's plea for suspension of conviction in defamation case
Darpan News Desk IANS, 20 Apr, 2023 11:09 AM
Surat, April 20 (IANS) The sessions court in Surat on Thursday dismissed Congress leader Rahul Gandhi's plea seeking suspension of his conviction in the defamation case that led to his disqualification from Parliament.
The court had convicted Gandhi on March 23 for his remarks made during an election rally in Kolar in April 2019, where he had said that "all people with the Modi surname are thieves".
The court sentenced him to two years in prison and he was disqualified as a member of Lok Sabha the next day.
Rahul Gandhi's lawyers had filed two applications, one for bail till the disposal of his appeal and another for suspension of his conviction until the appeal is decided.
Senior advocate R.S. Cheema, appearing for the Congress leader, argued that only an aggrieved person could file a defamation complaint as per the law, while also pointing out that the speech was not defamatory until it was taken out of context.
The case was filed by BJP MLA Purnesh Modi, who had claimed that Rahul Gandhi's statement had defamed all the people with the Modi surname.
The court had found Rahul Gandhi guilty under IPC Sections 499 (defamation) and 500 (punishment for defamation).
He had claimed that the trial court treated him harshly because of his status as an MP.
Cheema also questioned the Surat court's jurisdiction, pointing out that the speech was made in Kolar.
The court rejected Rahul Gandhi's plea, which means that he cannot be reinstated as an MP.
It also imposed the maximum punishment permissible under the law, and Rahul Gandhi's punishment could not have been even a day less to allow him to retain his seat as an MP.
At the oath-taking venue, three podiums were set up on the stage. While the Governor and Mann were on the central podium, the second was occupied by Delhi Chief Minister Arvind Kejriwal and his cabinet, and the third by AAP's 91 legislators.
A day earlier, Sonia Gandhi asked party chiefs Sidhu in Punjab, Ganesh Godiyal in Uttarakhand, Ajay Kumar Lallu in Uttar Pradesh, Girish Chodankar in Goa and Nameirakpam Loken Singh in Manipur to resign. Sidhu, once a Chief Minister aspirant, faced defeat from his stronghold Amritsar (East) seat.
Senior advocate Dushyant Dave, representing the family members, submitted before a bench headed by Chief Justice N.V. Ramana that on March 10, a protected witness in the case had been attacked and the state government did not file an appeal challenging the bail granted to Misra in the case.
The SAD also announced the expulsion of Kalka from the primary membership of the party, besides dissolving the party's Delhi unit. It also announced the formation of a five-member ad hoc committee headed by veteran leader Avtar Singh Hit, and comprising Harinder Singh Kaypee, Bhupinder Singh Anand, Gurdev Singh Bhola, and Ravinder Singh Khurana.
In December last year, the Supreme Court had said it expects a fair investigation and investigating agencies should be neutral, as it asked Delhi Police to conclude the probe, by December 15, in a case against Singh.
Amid a call for leadership change in the party, Congress General Secretary in-charge of Uttar Pradesh Priyanka Gandhi Vadra has called a meeting of party leaders on Tuesday to find out the reasons for the defeat. The Congress could only get just over 2 per cent votes and two seats in the Uttar Pradesh polls.
