Modi surname defamation case: Surat court reserves verdict on Rahul Gandhi's plea against conviction

Modi surname defamation case: Surat court reserves verdict on Rahul Gandhi's plea against conviction

Gandhi contended in the court that his disqualification as a Member of Parliament by a motivated criminal defamation case would cause him “irreparable loss and irreversible injury.”

Darshan DesaiUpdated: Friday, April 14, 2023, 08:38 AM IST
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Modi surname defamation case: Surat court reserves verdict on Rahul Gandhi's plea against conviction | PTI

Gujarat: A Surat Sessions Court on Thursday reserved its verdict in the appeal filed by Congress leader Gandhi seeking stay on his conviction in a criminal defamation case against him.

Gandhi contended in the court that his disqualification as a Member of Parliament by a motivated criminal defamation case would cause him “irreparable loss and irreversible injury.”

Appearing on behalf of Gandhi, senior advocate RS Cheema argued that only an aggrieved person could file a complaint. The ‘‘speech isn’t defamatory unless drawn out of context, and is looked at under a magnifying glass to create or to make it defamatory." 

“Basically, litigation was inflicted upon me for daring to be vociferously critical of our PM (Prime Minister Narendra Modi). The trial was harsh and unfair to me,” Cheema argued.

He underscored that defamation law in its application needs a very close and minute examination. “If someone says you Punjabis are quarrelsome and abusive etc, can I then go and file a defamation case? Such words are often used for Gujaratis, other linguistic groups, religious entities etc.”

He also expressed reservations about evidence produced before the trial court and said that the whole speech was not brought on record.

Rahul's advocate questioned the jurisdiction of the court

The senior advocate also questioned the jurisdiction of the Surat Magistrate court in trying the case when the speech question had been given in Kolar.

“The complainant had received a message on his WhatsApp. He lives in Surat and the speech was made in Kolar, so jurisdiction is questionable. Suppose some ghost sends me a message and I received it while I am at my home in Chandigarh, can I invoke jurisdiction of a court in Chandigarh," Cheema asked.

He also asked whether everyone with ‘Modi’ surname can constitute a class. In this regard, he relied upon the statement of witness who testified that Modi isn’t a caste but Gosai is a caste and Gosai caste people are often termed Modis.

Rahul's advocate disputed on the relevance of the Magistrate order

Cheema also disputed the correctness of the Magistrate order with respect to an earlier Supreme Court observation against Gandhi.

“I want to express shock at the trial court’s observation: ‘‘Aapko Supreme Court warning diya tha. Bade dheeth ho aap, kuch nhi samjhe.' I am sorry I am using strong words but yes the judge was misled and was harsh," the Senior Counsel submitted.

Cheema said his client’s apology to the Supreme Court for ‘Chowkidar chor’ comments was in November 2019, while this ‘Modi surname’ comment (for which the defamation case was filed) was made in April 2019. “So how can the judge rely on the proceedings where the complainant has said I was admonished by the top court?” Gandhi’s lawyer wondered.

Meanwhile, in his reply to Rahul Gandhi’s plea for a stay on his conviction, complainant Purnesh Modi called it a “dirty display of childish arrogance.”

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