Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court

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4 Aug 2023 10:22 AM IST

  • Rahul Gandhis Conviction Stayed - LIVE UPDATES From Supreme Court

    Supreme Court to hear Rahul Gandhi's plea TODAY against Gujarat High Court's order refusing to stay his conviction in criminal ddefamation case over 'why all thieves share Modi surname' remark.Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to...

    Supreme Court to hear Rahul Gandhi's plea TODAY against Gujarat High Court's order refusing to stay his conviction in criminal ddefamation case over 'why all thieves share Modi surname' remark.

    Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as a Member of Parliament.Gandhi has approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as a Member of Parliament.

    The criminal defamation case was filed over a remark made by Gandhi during the 2019 Lok Sabha campaign. Referring to persons like Lalit Modi, Nirav Modi, Gandhi had asked "why all thieves have the same surname?".

    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, Rahul 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.

    Dismissing Gandhi's revision plea, the Gujarat High Court observed that the case against Gandhi concerns a large identifiable class (Modi Community) and not just an individual.

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    Live Updates

    • 4 Aug 2023 12:29 PM IST

      Bench discusses.

    • 4 Aug 2023 12:28 PM IST

      Narasimha: Expl 4 doesn't have 'intention'

      Singhvi: Yes, that is in Section 499...Witness has admitted that he is not aware of Rahul Gandhi's intention to defame all people with 'Modi' surname. Necessary ingredient of 'intention' not here.

    • 4 Aug 2023 12:25 PM IST

      Singhvi: No imputation is set to harm a person's reputation unless it lowers the moral or intellectual character of a person... (reads out Expl 4 to Section 499 of Indian Penal Code)

    • 4 Aug 2023 12:24 PM IST

      Singhvi: In that 13 crore, there is no uniformity, homogeneity, identifiability, no boundary line...That is first point. Second is that [Purnesh Modi] himself said that his original surname was not Modi.

    • 4 Aug 2023 12:21 PM IST

      Singhvi: In Subramaniam Swamy, I had argued criminal defamation is not unconstitutional. Justice Mishra's bench had accepted...Only on constitutionality, not on individual basis...

    • 4 Aug 2023 12:20 PM IST

      Singhvi: Not a single of the persons Gandhi had named during his speech have sued. Interestingly, everybody who is aggrieved in this very 'small' community in 13 crores, only people suing are BJP office-holders. Very strange.

    • 4 Aug 2023 12:19 PM IST

      Singhvi: First of all, Purnesh Modi's (complainant) original surname is not Modi...He changed his surname to Modh...

      Mahesh Jethmalani (for Modi): Not Modh, Modi.

      Singhvi: Yes, whatever it is. (continues reading from Modi's affidavit)

    • 4 Aug 2023 12:16 PM IST

      Gavai J: You will have to make out an exceptional case today for a stay on conviction. Normally, ruling follows...

      Singhvi: Yes yes. I am not arguing conviction today. (continues)

    • 4 Aug 2023 12:15 PM IST

      Singhvi: I have 10 heads. My first head is that this is the first time 30 crore people have held to be an identifiable class. They are amorphous, non-homogenous...communities, castes, & groups with appellation 'Modi' are totally different.

    • 4 Aug 2023 12:14 PM IST

      Sr Adv AM Singhvi (for Gandhi): Let me itemise my points...

      Gavai J: How much time?

      Singhvi: 20-30 mins...Less than 20 mins maybe...

      Gavai J: We will give 15 mins to each side.

      Narasimha: Be precise and to the point.

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