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.
Union Home Minister Amit Shah had ordered a CBI probe into the death of Phogat. The move came after Goa Chief Minister Pramod Sawant recommended a CBI probe into the case as per demand of Phogat's daughter and people of Haryana.
The two-time chief minister of Punjab had fought the assembly elections in the state earlier this year in alliance with the BJP as well as Akali Dal (Sanyukt). His party - Punjab Lok Congress - though had failed to get even a single seat during the assembly elections.
During deliberations, the Chief Minister envisaged opportunities for mutual collaboration in business and solutions. He said that the alliance could provide on-field handholding to Punjab farmers in best practices of crop management.
Balkaur Singh, whose son was shot dead in daylight on May 29 close to his Moosa village in Punjab on May 28, had complained of uneasiness on Thursday night following which he was admitted to a private hospital in Patiala from where he was shifted to the PGIMER here.
Majithia told the media here that this was also necessary because the AAP government had neither made the FIR registered in this case public even after 24 hours, nor taken any action against any BJP leader or middlemen involved.
The matter came to the fore after the victim narrated the ordeal to her parents who rescued her and later approached the Women police station at Gurugram's Sector-51 and registered a case against the accused on Wednesday. The victim told the police that she had met Pooja at a Gurugram mall a month ago. Pooja had offered her a job at a doctor's clinic.
