Modi surname defamation: Patna HC grants Rahul Gandhi interim relief
Congress leader and disqualified MP Rahul Gandhi on Monday got interim relief from the Patna High Court, which quashed the summons issued to him by a lower court in the 2019 criminal defamation case related to the Modi surname. The court has scheduled the next hearing for May 15 and also stayed all proceedings related to the case in lower courts until then.
Why does this story matter?
Targeting PM Narendra Modi at a rally in Kolar, Karnataka—ahead of the 2019 Lok Sabha elections—Gandhi remarked, "How come all the thieves have the common surname Modi?" A court in Gujarat's Surat last month convicted Gandhi for defaming the "Modi community," sentencing him to two-year imprisonment. The general election is scheduled for 2024, but Gandhi can't contest polls until six years of his release.
Case filed by BJP MP Sushil Modi
A single-judge Patna HC bench of Justice Sandeep Kumar heard the case on Monday. Earlier, a Patna magistrate court issued a summons to Gandhi after BJP MP Sushil Kumar Modi moved the court accusing Gandhi of criminal defamation. Initially, it summoned Gandhi on April 12. However, Gandhi didn't appear before the court; his lawyer sought more time, following which he was summoned on Tuesday.
Summons challenged on grounds of 'double jeopardy'
The magistrate court's summons was challenged on the grounds of "double jeopardy"—which in legal parlance refers to a person being tried twice for the same offense. Double jeopardy is prohibited, and partial protection against it is a fundamental right under Article 20(2) of the Constitution.
Surat court rejected Gandhi's plea for stay on conviction
Separately, a sessions court in Surat last week rejected the Congress leader's application seeking a stay on his conviction in the case. Notably, Gandhi—currently out on bail—lost Parliament's membership after his conviction, which entails a two-year jail sentence. Gandhi's counsel argued that criminal defamation cases are against individuals and not communities. He said there was no definitive Modi community that had been disparaged.
