Defamation Case| “Trial not fair”: Rahul Gandhi's lawyer argues before Sessions Court in plea for stay on conviction

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Synopsis

A Surat Court held Rahul Gandhi “guilty” in a defamation case over his ‘Modi Surname’ remark and sentenced him to two years in jail. He is currently on bail. 

Before a Sessions Court in Surat today, Congress leader Rahul Gandhi's counsel in his plea seeking stay on his conviction in a criminal defamation case for his "all thieves have Modi surname" remark argued that the trial in the matter was not fair. 

Senior Advocate RS Cheema appearing on behalf of the Congress leader further asserted that there was no need for maximum punishment in the matter. 

The hearing in the interim application took place before the court of Judge Robin Mogera. Senior Advocate Cheema argued on behalf of the Congress leader whereas Advocate Harshit Tolia appeared for complainant Purnesh Modi.

Senior Counsel Cheema further stated that the decision of the magistrate court was strange and the judge made a "hotchpotch" of all the evidence on record.

Judge Robin Mogera today reserved orders in the interim application while posting the matter next on April 20, 2023.

On March 23, 2023, the Congress leader who was then a parliamentarian from Wayanad, Kerala, was convicted by Surat District Court and sentenced to two years in jail. This conviction led to Gandhi's disqualification from his membership in Lok Sabha. 

In 2019, Gandhi in a poll rally at Kolar in Karnataka, said, “how come all thieves have Modi as the common surname”.

Thereafter, a defamation case was filed against Gandhi by Bhartiya Janta Party (BJP) MLA and former Gujarat Minister Purnesh Modi, under Sections 499 and 500 of the Indian Penal Code. 

Subsequent to his conviction by the magistrate court, Gandhi filed an appeal before the Sessions Court, which earlier this month, extended the bail granted to Gandhi by the magistrate court till April 13, 2023, i.e. today. 

[Inputs: Indian Express]