'Modi-Thieves' Remark| 'Rahul Gandhi Made False Statement To Affect Poll Results; Took PM's Name To Add Sensation To It': Gujarat HC

While dismissing Congress leader and Former MP Rahul Gandhi's revision plea to stay the conviction in the criminal defamation case in the 'Modi Thieves' remark case, the Gujarat High Court today said that Gandhi, in his speech, made a false statement to affect the poll results and further suggested Prime Minister Narendra Modi's name, only to add sensation to it.

Perusing the content of Gandhi's speech, which is at the centre of the controversy ["Why do all thieves have Modi in their names..."], the bench of Justice Hemant Prachchhak also said that Gandhi's act would also amount to an offence punishable under Section 171G of the IPC [False statement in connection with an election].

"It appears that the accused suggested the name of the Hon’ble Prime Minister to add sensation, apparently and for an intention to affect the result of the election of the candidate of concerned constituency belonging to the political party of the Hon’ble Prime Minister and then the accused did not stop there but imputed that 'saare choro ke naam modi hi kyu hai'. Thus, the present case would certainly falls within the category of seriousness of the offence" (sic): the Court said.

"...the offence punishable under Section 499 of the IPC is committed with an intention to make a false statement in connection with election, which is an offence punishable under Section 171G of the IPC," the Court further added as it noted that Gandhi's act would certainly fall within the category of a serious offence.

In this regard, the Court also took into account the findings in the Trial Court's order regarding the “seriousness of the offence”. Referring to Trial Court's order, the Court said:

"That the accused was (i) member of parliament (ii) president of second largest national level political party and (iii) president of the party ruled in country for more than 50 years, who was giving a public speech to the thousands of people and made a false statement in the election with clear intention to affect the result of the election"

With this, the Single Judge upheld the Surat Sessions Court April 20th order refusing to stay Gandhi's conviction in connection with the case in question wherein Gandhi has been found guilty of defaming the 'Modi community' by making the above-said remark during the 2019 Lok Sabha campaign.

The Court also said that the case would fall within the category of moral turpitude also as Gandhi, being a Member of Parliament, possessing a high position in the society and having bounden duty not to scandalize any person from the society, breached the modesty, by influencing the election on the basis of false fact.

In its order, the Court made a categorical finding that if the conviction is not stayed no injustice will be caused to Rahul Gandhi. In this regard, the Court said that the Criminal antecedents of the accused are a relevant consideration and Gandhi has 10 criminal cases to his name.

Stressing that it is now the need of the hour to have purity in politics and that Representatives of people should be man of clear antecedent, the bench also took note of other complaints pending against Gandhi, including one filed by the grandson of Vir Savarkar in the Pune Court. The HC noted that in the alleged speech, Gandhi used defamation utterances against Vir Savarkar at Cambridge University.

In the backdrop of the said circumstances, the Court found that refusal to stay the conviction would not, in any way, result in injustice to Gandhi and hence, it dismissed his revision plea. 

However, the Court requested the concerned District Judge to decide the criminal appeal on its own merits and in accordance with the law as expeditiously as possible.

On March 23, 2023, the Court of Chief Judicial Magistrate, Surat convicted and sentenced Gandhi to 2 years imprisonment, following which he was disqualified as a member of Lok Sabha. However, his sentence was suspended, and he was also granted bail on the same day to enable him to move an appeal against his conviction within 30 days.

On April 3, Gandhi approached the Surat Sessions Court assailing his conviction and further seeking a stay on his conviction, which was rejected on April 20. However, Surat Sessions Court on April 3 granted bail to Gandhi till the disposal of his appeal.

Case title - Rahul Gandhi vs. Purnesh Ishvarbhai Modi