Rahul Gandhi defamation case highlights: Supreme Court issues notice on Cong leader's plea, next hearing on Aug 4

Rahul Gandhi defamation case highlights: The appeal was filed on July 15, after the Gujarat HC dealt a blow to Gandhi’s endeavour to revive his membership.

Congress leader Rahul Gandhi. (ANI)

Rahul Gandhi defamation case highlights: The Supreme Court on Friday issued notice on an appeal filed by Congress leader Rahul Gandhi against a Gujarat high court order that refused to put on hold his conviction and a two-year jail term in a criminal defamation case, fixing August 4 to hear his plea for staying the guilty verdict....Read More

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• 21 Jul 2023, 01:03:42 PM IST

  Rahul Gandhi's plea filed in the apex court

  It was submitted that the surname ‘Modi’, in different parts of the country, encompassed different communities and sub-communities, which usually have no commonality or uniformity at all. The Modi surname belonged to various castes.

  The complainant, Gujarat BJP MLA Purnesh Ishwarbhai Modi who simply has a ‘Modi’ surname, did not prove that he was prejudiced or damaged in any specific or personal sense, the plea filed in the apex court added.

• 21 Jul 2023, 12:54:52 PM IST

  Recap: Next hearing on Rahul Gandhi's plea fixed for August 4

  The Supreme Court on Friday sought responses from former Gujarat minister Purnesh Modi and the state government on Congress leader Rahul Gandhi's appeal challenging the high court verdict that declined to put on hold his conviction in a defamation case over his "Modi surname" remark.

  A bench of Justices B R Gavai and P K Mishra issued notices to Purnesh Modi, who had filed a criminal defamation case in 2019 against Gandhi over his "How come all thieves have Modi as the common surname?" remark made during an election rally at Kolar in Karnataka on April 13, 2019, and the Gujarat government on Gandhi's appeal.

• 21 Jul 2023, 12:33:43 PM IST

  Gandhi’s petition complained of a political speech in the course of democratic political activity

  Gandhi’s petition complained that a political speech in the course of democratic political activity, critical of economic offenders, and also of Prime Minister Narendra Modi, has been held to be an act of moral turpitude inviting the harshest punishment.

• 21 Jul 2023, 12:23:34 PM IST

  Such a finding is gravely detrimental to democratic free speech in the midst of a political campaign: Gandhi's appeal

  Gandhi’s petition further complained that a political speech in the course of democratic political activity, critical of economic offenders, and also of Prime Minister Narendra Modi, has been held to be an act of moral turpitude inviting the harshest punishment.

  “Such a finding is gravely detrimental to democratic free speech in the midst of a political campaign. It is respectfully submitted that the same will set a disastrous precedent wiping out any form of political dialogue or debate which is remotely critical in any manner,” it said.

• 21 Jul 2023, 12:12:43 PM IST

  Singhvi made out a case for an early hearing during the hearing

  During the hearing, Singhvi made out a case for an early hearing, pointing out Gandhi has already suffered 111 days as MP and missed out on two parliamentary sessions, including the ongoing Monsoon session. Accepting his request, the bench agreed to hear the case on August 4.

• 21 Jul 2023, 12:11:11 PM IST

  Justice Gavai added that he even wrote in a judgment that although his family had a family background

  Responding, justice Gavai said: “I felt it was my duty to point it out. You both already know about this. Incidentally, my father was a good friend to your (Singhvi’s) father and his (Jethmalani’s) father as well I even assisted Mr Jethmalani's father in an election matter.”

  Justice Gavai added that he even wrote in a judgment that although his family had a family background, it never affected him as a judge.

• 21 Jul 2023, 12:07:52 PM IST

  Recap: Justice Gavai pointed out that his father was associated with Congress for over 40 years

  At the outset of the hearing, Justice Gavai pointed out that his father was associated with Congress for over 40 years though he was not a party member. “He was closely associated with Congress. He became as MP and also a governor with the help of the Congress. My brother is still in politics and associated with Congress. I am disclosing this at the very beginning so as to ask you if you would still want me to hear this case,” the judge asked Singhvi and Jethmalani.

  Both the lawyers were quick to respond that they have no issue at all with justice Gavai hearing the matter.

• 21 Jul 2023, 12:06:12 PM IST

  Advoctaes appeared for both parties

  Senior counsel Abhishek Manu Singhvi appeared for Gandhi. Senior advocate Mahesh Jethmalani appeared for the complainant.

• 21 Jul 2023, 12:05:19 PM IST

  During the brief hearing, the court expressed surprise over the high court’s lengthy judgment

  During the brief hearing, the court expressed surprise over the high court’s lengthy judgment on the point of staying the conviction. “We don’t understand a lengthy reply in a matter like this. The Gujarat high court penned down over 100-page judgment. It’s peculiar of the high court to write such a lengthy judgment,” observed the bench.

• 21 Jul 2023, 12:00:23 PM IST

  The whole point right now is whether the conviction has to be stayed or not, remarked the bench

  “The whole point right now is whether the conviction has to be stayed or not,” remarked a bench of justices BR Gavai and PK Mishra, as it sought responses from Bharatiya Janata Party (BJP) leader Purnesh Modi, who is the complainant in the case, and the Gujarat government.

• 21 Jul 2023, 11:51:08 AM IST

  A local court in Surat handed Rahul Gandhi a conviction and a two years’ jail sentence in March

  One month after the Gujarat High Court vacated a stay on the trial in the criminal defamation case against the former legislator in February, a local court in Surat district of Gujarat handed him a conviction and a two years’ jail sentence in March.

   

   

• 21 Jul 2023, 11:47:30 AM IST

  Justice Gavai on election matters

  Justice Gavai: You (Dr AM Singhvi) and Mr Jethmalani know these facts but all should know.. my father has been associated with your father Mr Singhvi and your father Mr Jethmalani.. one of the election matters I had appeared with Mr Jethmalani as his junior.

• 21 Jul 2023, 11:44:59 AM IST

  We can have this on August 4, 2023: Justice Gavai

  Singhvi: We both can file written submissions.. your discretion.. I may need to file a rejoinder to the counter..

  Justice Gavai: We can have this on August 4, 2023.

• 21 Jul 2023, 11:44:07 AM IST

  This is peculiar we are seeing to Gujarat courts: Justice Gavai

  Justice Gavai: There are over 100 pages in order.. so detailed.. what is there to file replies.. this is peculiar we are seeing to Gujarat courts

  Jethmalani: We will file in 10 days

  SC: Issue notice. Waive notice on behalf of respondent number 1. Mr Jethmalani for respondent 1 seeks 10 days time to file written submissions.

• 21 Jul 2023, 11:43:07 AM IST

  Justice Gavai: We have to hear the other side as well

  Justice Gavai: Then we issue notice. returnable in two or three weeks

  Sr Adv AM Singhvi: the petitioner has suffered for 111 days.. he has lost one parliament session and losing another.. elections to parliament constituency of wayanad would be shortly... Mr Jethmalani would not be concerned by disqualification.. an interim suspension of disqualification can be given

  Justice Gavai: We have to hear the other side

• 21 Jul 2023, 11:42:31 AM IST

  Justice BR Gavai: My father was associated..

  Justice BR Gavai: My father was associated.. he was not a congress member.. but he was closely associated.. Mr Singhvi you are with congress for more than 40 years and my brother is still in politics and he is in congress.. Please take a call if you want me to hear this

  Singhvi: No problem milord

  Respondents: We have no problems

• 21 Jul 2023, 11:40:22 AM IST

  Surat court disqualified Rahul Gandhi on March 23

  On March 23, a Gujarat magisterial court convicted Gandhi in the case and sentenced him to two years imprisonment, which disqualified him as an MP under the Representation of People Act. He was declared disqualified as MP from Kerala’s Wayanad on March 24, following a notification of the Lok Sabha Secretariat.

• 21 Jul 2023, 11:39:10 AM IST

  Rahul Gandhi, as an interim relief, had sought an ad-interim ex-parte stay of Guj HC order

  Rahul Gandhi, as an interim relief, had sought an ad-interim ex-parte stay of the July 7 order of the Gujarat High court during the pendency of this appeal in the top court.

• 21 Jul 2023, 11:33:21 AM IST

  Supreme Court also issues notice to complainant BJP MLA Purnesh Modi

  Supreme Court also issues notice to complainant and Gujarat BJP MLA Purnesh Modi on Rahul Gandhi’s plea and posts the matter for hearing on stay of his conviction on August 4.

• 21 Jul 2023, 11:32:25 AM IST

  Supreme Court issues notice to Gujarat government

  Supreme Court issues notice to Gujarat Government and others on the plea of Congress leader Rahul Gandhi challenging the Gujarat High Court order which declined to stay his conviction in the criminal defamation case in which he was sentenced to two years in jail by Surat court over 'Modi surname' remark.

• 21 Jul 2023, 11:29:36 AM IST

  SC to hear Gandhi's plea to stay the conviction on August 4

  SC to hear Rahul Gandhi's plea to stay the conviction on August 4

• 21 Jul 2023, 11:29:09 AM IST

  Justice Gavai J's statement 

  Justice Gavai J: Before we start...I must express some difficulties from both sides. My father was associated. Though he was not a Congress member, but he was closely associated.

• 21 Jul 2023, 11:28:38 AM IST

  Supreme Court begins hearing plea 

  Supreme Court begins hearing plea against Gujarat High court order.

• 21 Jul 2023, 11:21:22 AM IST

  Abhishek Singhvi sought urgent hearing on the case

  Senior advocate Abhishek Singhvi sought an urgent hearing and brought the case to the attention of a bench led by Chief Justice of India (CJI) D Y Chandrachud on July 18, after which the court agreed to hear Gandhi's plea.

• 21 Jul 2023, 11:13:44 AM IST

  Congress staged silent protest in various districts over Gandhi's court order

  In response to a call for a nation-wide protest over the issue of disqualification of the former MP Rahul Gandhi, Congress leaders and members from across the districts of Kalyana Karnataka and Kittur Karnataka staged silent symbolic protests in their respective areas on July 12.

• 21 Jul 2023, 11:06:24 AM IST

  Will suffer irreparable injury if the HC order not stayed: Rahul Gandhi

  Rahul Gandhi has said in his plea he will suffer irreparable injury if the HC order is not stayed. He has said an irreversible consequence of not staying the order will result in injustice as, because of the conviction, he currently stands disqualified as a Member of Parliament from Wayanad in Kerala and cannot participate in parliamentary proceedings.

• 21 Jul 2023, 10:58:32 AM IST

  What is the Modi surname case?

  In 2019, BJP leader Purnesh Modi filed a criminal complaint against Rahul Gandhi over his remark “How come all thieves have Modi as the common surname?” during an election rally at Kolar in Karnataka on April 13, 2019.

• 21 Jul 2023, 10:48:58 AM IST

  Rahul Gandhi’s disqualification and a number of other issues had rocked the second half of the budget session

  Gandhi’s disqualification and a number of other issues had rocked the second half of the budget session. The Gujarat high court’s refusal to stay Gandhi’s conviction means he will not be able to attend the upcoming monsoon session as he continues to be disqualified.

• 21 Jul 2023, 10:41:22 AM IST

  Whu was Rahul Gandhi disqualified as an MP?

  Gandhi was disqualified on March 23 following his conviction in a criminal defamation case over his comment “all thieves have Modi surname” at an election rally in Kolar in 2019. Gandhi’s lawyers failed to get a stay on his conviction in the trial court, the sessions court and the Gujarat high court.

• 21 Jul 2023, 10:27:09 AM IST

  Gandhi was a “habitual offender” in insulting people: BJP

  The verdict sparked a political row with the Congress saying it would appeal the decision in the Supreme Court and the Bharatiya Janata Party (BJP) saying Gandhi was a “habitual offender” in insulting people, pointing to his comments on the Modi surname before the 2019 Lok Sabha elections that prompted the criminal defamation case and eventually cost him his Lok Sabha seat.

• 21 Jul 2023, 10:19:06 AM IST

  Rahul Gandhi's appeal in SC

  In his appeal, Gandhi urged the top court to immediately stay his conviction to enable him to regain his MP status, arguing the conviction order would lead to throttling of free speech, free expression, free thought, and free statement.

• 21 Jul 2023, 10:08:53 AM IST

  SC to hear Rahul Gandhi's plea to stay his conviction in Modi surname defamation case

  The Supreme Court is set to hear Congress leader Rahul Gandhi's plea challenging the Gujarat high court order that refused to put on hold his conviction and a two-year jail term in the Modi surname defamation case. The appeal was filed on July 15, with Gandhi saying that if the judgment has not stayed, it would “lead to throttling of free speech, free expression, free thought, and the free statement”.

• 21 Jul 2023, 09:57:55 AM IST

  Massive setback to Rahul Gandhi in Modi surname case by Guj HC: A timeline

  The Gujarat high court dismissed Rahul Gandhi's plea seeking a stay on his conviction in the defamation case. Justice Hemant Prachchhak delivered the verdict at 11am. Read more