Congress leader Rahul Gandhi on Thursday asserted in a Surat sessions court that his disqualification as a Member of Parliament by a motivated criminal defamation case over Modi surname would cause him “irreparable loss and irreversible injury.”
Appearing on behalf of Gandhi, senior advocate RS Cheema said he was elected from Wayanad in Kerala with a record margin of votes and a conviction on the basis of an imagined defamation was unfair.
Cheema pointed out that only an aggrieved person could file a complaint and argued that, “My speech isn't defamatory unless drawn out of context, looked under a magnifying glass to make it defamatory.”
“Basically, a 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.”
He went on, “If someone says you Punjabis are quarrelsome and abusive etc., then can I go and file a defamation case? Such words are often used for Gujaratis, other linguistic groups, religious entities etc.”
Cheema pointed to the complainant, Surat West BJP MLA Purnesh Modi's geographical jurisdiction, said the speech was made in Kolar (Karnataka) and the complainant received a message on his Whatsapp in Surat.
Rahul's lawyer presents strong argument
The senior advocate asserted, “At 11:51 am, my client is pronounced guilty and within half an hour he is handed over the harshest and maximum punishment. I want to express shock at the trial court for saying ‘Aapko Supreme Court warning diya tha. Bade dheeth ho, aap kuch nahi samje’. I am sorry I am using strong words but yes the judge was misled and was harsh.”
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.
'Dirty display of childish arrogance'
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.”
He claimed that Rahul Gandhi was a repeat offender and the way he appeared in the court to file his appeal with a battery of Congress leaders smacked of "very dirty display of childish arrogance and an immature act of bringing pressure upon the court."
Rahul Gandhi's two-year sentence was suspended by a sessions court early this month until his appeal is decided by the courts.
