Modi Surname Defamation Case: High Court Stays Till January 12 Proceedings Against Rahul Gandhi Pending In Patna Court

Today, the Patna High Court stayed proceedings in a criminal defamation case against Congress leader Rahul Gandhi (pending before the Patna court) filed by the Rajya Sabha MP Sushil Kumar Modi over Gandhi's 'Modi-Theives' remark, until January 12, 2024.The bench of Justice Sandeep Singh passed this order in a quashing petition moved by Gandhi in the year 2019. Before the Court, Counsel for Gandhi, Ansul, argued that the case before the Patna court is hit by the doctrine of “double jeopardy” as Gandhi has already been convicted by Surat Court for the same remark that is at the centre of a defamation complaint filed by Sushil Modi before the Patna Court. It was further submitted that the Gujarat HC is yet to pronounce its verdict on Gandhi's criminal revision plea filed seeking a stay on his conviction in the 'Modi-Thieves' remark case by the Surat Court. In view of this, the Patna HC Court today adjourned the hearing in Gandhi's plea and extended interim protection granted to him earlier, till January 12.It may be noted that Gandhi has submitted before the HC that since the alleged remark “why all thieves share the Modi surname” was made during a political campaign in Karol in April 2019, for which he has already been tried and convicted by the Surat Court, therefore, the case pending before the Patna Court would be hit by the doctrine of double jeopardy as enshrined under Section 300 of CrPC and Article 20 (2) of the Constitution of India.For context, while Article 20 (2) of the Constitution of India states that no person shall be prosecuted and punished for the same offence more than once, Section 300 (1) of CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.It may be noted that the Patna Court is presently dealing with a criminal complaint filed by Sushil Modi (through Senior Advocate and former Add. Solicitor General of India SD Sanjay) under Section 500 of the IPC (Defamation) over Gandi's alleged remark “why all thieves share the Modi surname”.It is Modi's case that Gandhi made the derogatory remark targetting people having the 'Modi' surname. Gandhi obtained bail in the case in the year 2019.In related news, the Jharkhand High Court today granted relief to senior Congress leader Rahul Gandhi in a defamation case related to the Modi surname remark he made before the Lok Sabha elections in 2019. Gandhi had earlier been directed by the Ranchi MP-MLA court to appear in person in the defamation case.AppearancesCounsel for Rahul Gandhi: AnsulFor the State: Advocate General P.K. ShahiFor Sushil Modi: Senior Advoctae S.D. Sanjay, assisted by Advocates Aalok Kumar, Priya Gupta and Sushmita Mishra.Case title - Rahul Gandhi vs. The State of Bihar through The Secretary Deptt. of Home Old Secretariat, Patna (Bihar) & Anr.

Modi Surname Defamation Case: High Court Stays Till January 12 Proceedings Against Rahul Gandhi Pending In Patna Court

Sparsh Upadhyay

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