After Gujarat HC blow, fresh setback for Rahul Gandhi in Modi surname case

This comes a day after the Gujarat High Court refused Rahul Gandhi interim protection over his conviction in the 'Modi surname'-criminal defamation case.

Published on: May 3, 2023, 19:33:15 IST

By HT News Desk

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In a fresh setback to Rahul Gandhi, a special court in Jharkhand on Wednesday rejected his plea to be exempt from appearing in a hearing on the 'Modi surname case' - over which he was convicted by a Gujarat court in March and subsequently disqualified from the Lok Sabha.

Rahul Gandhi’s conviction by a Surat court led to his disqualification from Parliament (HT)

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This comes a day after the Gujarat High Court refused Rahul Gandhi interim protection over his conviction in the 'Modi surname'-criminal defamation case in that state. The ex-Congress chief had sought a temporary stay on his conviction till the High Court ruled on his petition.

Gandhi had moved the high court in prime minister Narendra Modi's home state to challenge a Surat sessions court order denying his plea to stay the 'Modi surname' case conviction.

He was represented by party colleague and senior advocate Abhishek Singhvi, who argued the offence for which Gandhi had been sentenced did not involve 'moral turpitude' but the consequences of denying him a stay on the verdict could be irreversible.

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"In the case of a public servant or a legislator, it has very serious additional irreversible consequences - to the person, the constituency, and also drastic consequences of re-election," Singhvi said, referring to a potential bypoll for the Wayanad Lok Sabha constituency, which was Rahul Gandhi's till he was disqualified.

The 'moral turpitude' argument was countered by advocate Nirupam Nanavaty, who was appearing for the complainant - BJP leader and ex-Gujarat minister Purnesh Modi. "When you say all Modis are thieve... is it not moral turpitude? What message are you giving to the world? That an opposition leader brands his PM as a thief before thousands?"

The Jharkhand case was filed at a MP/MLA court in capital Ranchi by a Pradeep Modi.

The opposition leader has been sentenced to two years in jail for his comment at an election rally in Karnataka in 2019, in which he referred to wanted fugitives Nirav Modi and Lalit Modi, and asked voters 'how come all thieves have Modi surname in common...'

He appealed the verdict at the sessions court and then approached the Gujarat High Court, where Justice Hemant Prachchhak will deliver his verdict after the summer vacation.

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HT News Desk
Follow the latest breaking news, major developments and agenda-setting stories from India and around the world with the newsdesk at Hindustan Times. Operating round the clock, the desk brings together experienced editors, reporters and correspondents to deliver fast, accurate and contextual reporting across subjects that influence public policy, governance, business, society and international affairs. The HT News Desk covers politics, elections, government policies, the economy, business and markets, science and technology, the environment, law and order, infrastructure, education, climate issues and geopolitics, while closely tracking developments across states, institutions and global capitals. The team also leads coverage of major breaking news events, policy announcements, court proceedings, natural disasters, public emergencies and significant international developments. Reports published by the newsdesk are based on information gathered from reporters on the ground, official statements, government agencies, court records, regulatory filings, recognised institutions and other authoritative sources. Stories undergo editorial scrutiny and verification processes to ensure accuracy, fairness and relevance, and are updated as events evolve and additional information becomes available. Whether covering a key political decision in New Delhi, an economic policy shift affecting millions, a landmark court ruling or a major global event, the HT News Desk aims to provide readers with reliable, fact-based journalism that delivers not only the latest developments but also the context and analysis needed to understand their wider implications.Read More

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