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.
The SKM also reiterated that the name, banner or platform of the Samyukt Kisan Morcha will not be used by any political party or candidate in the run-up to the Assembly polls in Punjab, scheduled on February 20.
Appearing for the Punjab government, Senior Advocate P. Chidambaram argued that Majithia has gone into hiding after the rejection of his bail plea in the Punjab and Haryana High Court, and now he is appearing through counsel.
Interestingly, the move comes a week after neighbouring Madhya Pradesh permitted liquor sales at all its airports, select supermarkets in four major cities and also allowed issuing home bar licences to those earning Rs 1 crore or more annually.
The incident took place on Wednesday and the accused are said to be illicit liquor sellers in the area. It has been alleged that the woman was also gang-raped. A video of the incident showed the woman being attacked.
Both Chief Minister Charanjit Singh Channi and state Congress chief Navjot Singh Sidhu have urged Rahul Gandhi to announce a CM face well ahead of the polls, instead of going with the collective leadership.
The ministry of external affairs organised the summit virtually on Thursday which was attended by the heads of all five Central Asian countries -- Republic of Kazakhstan, Kyrgyz Republic, Republic of Tajikistan, Turkmenistan and Republic of Uzbekistan.
