Delhi: Congress leader Rahul Gandhi has moved the Supreme Court challenging the Gujarat High Court’s refusal to stay the conviction and two-year jail term imposed on him by a Magistrate court in a criminal defamation case for his remark “All thieves have Modi surname” [Rahul Gandhi v Purnesh Modi].
Single-judge Justice Hemant Prachchhak of the Gujarat High Court had refused relief to Gandhi on July 7 stating that staying conviction is not a rule and the same must only be exercised in rare cases.
The now disqualified parliamentarian from Wayanad, Kerala was convicted by a Magistrate court in Surat on March 23 for his remark “all thieves have Modi surname” which he had made at an election rally in Karnataka’s Kolar constituency, in 2019.
Gandhi had, in his speech linked Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi.
He had said, “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 (MLA), took exception to the said speech claiming that Gandhi humiliated and defamed persons with the Modi surname.
The magistrate court in Surat accepted the contention of Modi that by his speech, Gandhi has intentionally insulted the people with a ‘Modi’ surname.
In his 168-page judgment, Judge Hadirash Varma said that since Gandhi is a Member of Parliament (MP), whatever he says will have a greater impact. Thus, he should have exercised restraint, the Magistrate ruled.
“The accused had taken the reference of the surname of the current Prime Minister Shri Narendra Modi, to satisfy his political greed and insulted and defamed 13 crore people living in the whole of India having the surname ‘Modi'” the judge held.
A sessions court in Surat had, on April 20, dismissed Gandhi’s plea seeking suspension of his conviction by the Magistrate court.
Gandhi then moved the High Court which too refused to extend relief to him leading to present appeal before the top court.