‘Gross abuse of judicial process’: Rahul Gandhi's affidavit on Modi surname case in Supreme Court
Rahul Gandhi was disqualified as the Lok Sabha MP from Wayanad following his conviction in the ‘Modi surname’ defamation case.
Congress leader Rahul Gandhi on Wednesday told the Supreme Court that he always maintained he is not guilty of offence in the ‘Modi surname’ remark defamation case. He said that the conviction is unsustainable and if he had to apologise and “compound the offence”, he would have done it much earlier.
Gandhi's affidavit before the top court accused complainant Purnesh Modi of using slanderous terms such as 'arrogant' to describe the former Congress chief only because he has refused to apologise.
“Using the criminal process and the consequences under Representation of Peoples Act to arm-twist Rahul Gandhi into apologising for no fault, is gross abuse of the judicial process and ought not to be countenanced by this court”, ANI quoted the Congress leader's affidavit.
Gandhi, who was disqualified as the Lok Sabha MP from Wayanad following his conviction in the case, said in his affidavit that he has an ‘exceptional’ case considering the offence being a trivial offence, and the irreparable harm that accrues to him, as an elected MP...
“On the other hand, there is no prejudice caused at all to the complainant. It is therefore prayed for that the conviction of Rahul Gandhi be stayed, enabling him to participate in the ongoing sittings of the Lok Sabha and the sessions thereafter”, the affidavit read.
On March 23 this year, a magisterial court in Gujarat convicted Rahul Gandhi for his remarks on the Modi surname following a complaint by BJP's Purnesh Modi. He was sentenced to two-year imprisonment, leading to his disqualification as a Lok Sabha MP.
ALSO READ: SC issues notice on Rahul Gandhi’s appeal against no stay on conviction
Rahul Gandhi moved the sessions court which rejected his plea for a stay on his conviction on April 20. He moved the high court which cited his stature as an MP and said Gandhi should have been more careful in his comments.
On July 7, the high court affirmed this order, rejecting Rahul Gandhi’s revision application seeking a stay on his conviction.