Congress leader Rahul Gandhi has approached the Supreme Court, challenging the decision of the Gujarat High Court to reject his request for a stay on his conviction and two-year prison term in a criminal defamation case. The case, titled Rahul Gandhi v Purnesh Modi, stems from Gandhi's remark during an election rally in 2019, where he linked Prime Minister Narendra Modi with individuals such as Nirav Modi and Lalit Modi, stating, "Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have 'Modi' as a common surname?" Purnesh Modi, a former BJP Member of Legislative Assembly, filed a defamation complaint against Gandhi, alleging that he had insulted and defamed individuals with the Modi surname.
In March 2023, a Magistrate court in Surat convicted Gandhi, taking into account the argument presented by Purnesh Modi. The court stated that Gandhi intentionally insulted people with the surname 'Modi' and should have exercised restraint given his position as a Member of Parliament. Gandhi's plea to suspend his conviction was subsequently dismissed by a sessions court in Surat in April 2023. He then approached the Gujarat High Court, which also declined to grant relief, leading to his appeal before the Supreme Court.
Gandhi's plea before the apex court argues that the High Court's decision has no precedent in defamation jurisprudence in India. He contends that an undefined group of 13 crore people has been considered defamed, despite the lack of commonality or uniformity among the different communities and sub-communities associated with the Modi surname. Moreover, the specific individuals named in his speech, who could potentially claim prejudice, have not lodged any complaints. Gandhi asserts that the complainant, who shares the Modi surname from Gujarat, has neither shown nor been proven to be personally affected. He further criticizes the High Court for mischaracterizing his one-line statement and emphasizes that the sentence imposed on him, though suspended upon request, effectively bars him from political office for eight years.
Gandhi's plea, filed through his advocates Prasanna S, Tarannum Cheema, and Senior Advocate RS Cheema, urges the Supreme Court to reconsider the High Court's judgment and provide appropriate relief.
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