‘Words Enough To Cause Mental Agony…’: Setback from Court for Rahul in Defamation Case

A court in Gujarat’s Surat rejected Congress leader Rahul Gandhi’s application for a stay on his conviction in the criminal defamation case over his “Modi surname” remark, keeping the Gandhi scion’s disqualification as Lok Sabha MP intact.

While rejecting Gandhi’s application for a stay on conviction, the court said removal or disqualification as member of Parliament cannot be termed as irreversible or irreparable loss or damage to Rahul Gandhi.

Rahul Gandhi was elected to the Lok Sabha from Wayanad in Kerala in 2019, but was disqualified a day after Surat court last month sentenced him to two years in jail in the case filed by BJP MLA Purnesh Modi.

The lower court had convicted Gandhi for criminal defamation over his remark, “How come all thieves have Modi as the common surname?” made during an election rally at Kolar in Karnataka on April 13, 2019.

HERE’S WHAT COURT SAID IN TODAY’S COURT VERDICT | KEY TAKEAWAYS

-Argument that the complaint in this case is not maintainable is rejected, court said.

-CJM court “appropriately dealt” with the issues involved, the court said

-“CJM court gave thoughtful consideration to the complaint, the documents submitted and verification of facts”

-Argument regarding territorial jurisdiction cannot be accepted.

-Rahul Gandhi as an MP and former Congress president “should have been more careful with his words, which would have large impact on the mind of people”.

-“Any defamatory words coming from the mouth of Rahul Gandhi are sufficient enough to cause mental agony to aggrieved person”.

-“Removal or disqualification as MP cannot be termed as irreversible or irreparable loss or damage to Rahul Gandhi”

Rahul Gandhi’s lawyer had filed two applications along with his appeal against the lower court’s order sentencing him to two years in jail, one of them for bail and another for stay on conviction till the disposal of his appeal.

While granting bail to Gandhi on April 3, the court had issued notices to complainant BJP MLA Purnesh Modi and the state government for hearing on the Congress leader’s plea for a stay of his conviction.

The court had then on April 13 reserved its order on Rahul Gandhi’s application after hearing both the sides.

The court will next hear Rahul Gandhi’s main appeal against the lower court’s order sentencing him to two years in jail after convicting him in the case under Indian Penal Code sections 499 and 500 (defamation).

(With PTI inputs)

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