Modi surname case: Gujarat HC rejects Rahul Gandhi's plea
The Gujarat High Court on Friday dismissed Congress leader Rahul Gandhi's plea seeking to stay his conviction in the Modi surname defamation case. Terming the conviction legal, Justice Hemant Prachchhak said, "(Gandhi) is seeking a stay on conviction on non-existent grounds...Stay on conviction is not a rule. As many as 10 cases are pending against (Gandhi). It is needed to have purity in politics."
Why does this story matter?
The Surat district court in March sentenced Gandhi to two years in prison—in a 2019 criminal defamation case—over his remark, "How come all the thieves have Modi surname?" His conviction resulted in his disqualification from the Lok Sabha. A verdict in his favor could have reinstated him as an MP. The Congress, meanwhile, accused the Bharatiya Janata Party (BJP) of conspiring to disqualify Gandhi.
Savarkar's grandson filed complaint against Gandhi: Justice Prachchhak
Justice Prachchhak further said that a complaint has been filed against Gandhi by Veer Savarkar's grandson in Pune court. "After Gandhi used terms against Savarkar at Cambridge...Refusal to stay conviction would not...result in injustice to the applicant. There are no reasonable grounds to stay conviction," he said. In April, the Surat Sessions Court granted bail to Gandhi until the disposal of his appeal.
BJP's Sushil Modi has filed a similar complaint
The case against Gandhi came on the complaint of Gujarat BJP MLA Purnesh Modi after Gandhi made the comment while addressing a rally in Karnataka's Kolar ahead of the 2019 Lok Sabha elections. Separately, BJP MP Sushil Kumar Modi has filed a similar case against Gandhi in Patna. The Congress, however, claimed the proceedings in the case remained sluggish for nearly four years.
Gandhi insulted entire Modi community: Purnesh
Justice Prachchhak earlier reserved his order on Gandhi's plea on May 2. Purnesh alleged that his remark insulted the "entire Modi community," while Gandhi maintained that there was no malafide intention in his statement. The comment was reportedly intended to be a veiled jibe at Prime Minister Narendra Modi in light of economic offenders Lalit Modi and Nirav Modi fleeing India.
Gandhi can't contest polls until six years of release
Gandhi's counsel earlier argued that criminal defamation cases are against individuals and not communities while adding that there is no definitive Modi community that was disparaged. The conviction will prevent Gandhi from contesting polls until six years after his release, while the Lok Sabha elections are scheduled for 2024. The Congress said Gandhi was targeted for questioning PM Modi's links with the Adani Group.
