Defamation Case| Bringing Congress Leaders To File Appeal Is Rahul Gandhi's 'Immature Act' Of Pressurizing Court: Purnesh Modi To Surat Court

Opposing Rahul Gandhi's appeal before Surat challenging his conviction in the Modi Surname Remark Case, the Complainant in the case, Purnesh Modi today filed a reply in the Court calling his act of bringing several leaders to Surat to file an appeal as his 'immature act' to pressurize the court.Modi, a BJP MLA, in his reply filed before the sessions court, said that Gandhi came in a rally along with several State-level and national leaders which is a very dirty display of childish arrogance as filing of a statutory appeal is a legal formality which cannot be abused either to take any political mileage or to attempt to bring pressure on the court. Modi has also accused Gandhi of making unfair and contemptuous comments, through his aides, associates, leaders of his party, and others at his behest against the Court, thereby, causing interference in the Court proceedings and process of Law. In fact, the reply also submits that Gandhi's supporters have been making contemptuous statements and thus, the accused and the colleagues of his political party are cumulatively guilty of being unfair to the Court of Law, interfering with the Judicial process and procedure and Contempt of the Trial Court and the Sessions Court.The reply, filed through Advocate Harshit S. Tolia further states that Gandhi has endorsed the defamatory statement on the public platform even after the judgment of conviction and sentence and that he is not only admitting the defamatory statement but also capitalizing on the same. "Even if, the accused may be entitled in law to plead ignorance in respect of the defamatory speech, his subsequent stand in public shall amount to abuse and misuse of the process of Law and Court and lowering the dignity of the Court," the reply reads.Modi has also claimed that Gandhi is in the habit of making such defamatory and irresponsible statements which may either defame others or may hurt the feelings of others, in the name of Freedom of Speech and Political Criticism and Dissent. In fact, the reply also refers to the apology tendered by Gandhi before the Supreme Court in 2019 because of a statement made by him in public. Supporting the judgment and sentence of the Magistrate Court awarded to Gandhi, Modi has also submitted that there is no ground for the Court to interfere and suspend his conviction as the same should be allowed in rarest of the rare cases. Calling Gandhi a repeat offender, Modi has prayed that his plea for a stay on conviction be rejected.It may be recalled that on March 23, the Court of Chief Judicial Magistrate sentenced Gandhi to two years in jail, following which he was disqualified as MP of Lok Sabha. However, the Sessions Court, on April 3 granted him bail (till disposal of his appeal).The defamation case against Rahul Gandhi concerns his remark “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019.

Defamation Case| Bringing Congress Leaders To File Appeal Is Rahul Gandhi's 'Immature Act' Of Pressurizing Court: Purnesh Modi To Surat Court

Sparsh Upadhyay

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