'Last Chance', 'Only BJP Workers Aggrieved': Rahul Gandhi Tells Supreme Court In Defamation Case

Senior advocate Mahesh Jethmalani said that Rahul Gandhi has defamed an entire class out of malice.

During the Supreme Court hearing on Friday, Congress leader Rahul Gandhi stated that the original surname of former Gujarat minister Purnesh Modi, who filed a defamation case against him, is not Modi, but he belongs to the Modh Vanika Samaj. Rahul Gandhi emphasized that this is his last opportunity to obtain an acquittal in order to fulfil his parliamentary duties and be eligible to contest elections.

Representing Rahul Gandhi, senior advocate Abhishek Singhvi addressed the three-judge bench comprising Justices B R Gavai, P S Narasimha, and Sanjay Kumar. Singhvi emphasized that his client is not a habitual criminal and has no convictions in any cases, despite several cases being filed against him by BJP workers. Senior advocate Singhvi appearing for Rahul Gandhi said that not a single of the persons Gandhi had named during his speech has sued him. Singhvi said that this (Modi community) is a small community of 13 crore people and there is no uniformity or homogeneity and added that those who are aggrieved in this community are only people who are BJP office-holders and suing Rahul Gandhi.

Singhvi said that this is a non-cognisable, bailable, and compoundable offence. "The offence was not against society, not kidnapping, rape, or murder. How can this become an offence involving moral turpitude?....In democracy, we have dissent, in democracy, we have disagreement. What we call ‘shaleen bhasha’. Gandhi is not a hardened criminal. There are many cases filed by BJP workers, but there was never any conviction. Gandhi has already missed two sessions of the Parliament," said Singhvi.

Senior advocate Mahesh Jethmalani appearing for complainant Purnesh Modi argued that the entire speech spanned over 50 minutes and there is a plethora of evidence and clipping of the speech attached in the Election Commission of India’s record. Jethmalani said that Rahul Gandhi has defamed an entire class out of malice. 

The Supreme Court is currently considering Rahul Gandhi's plea challenging the Gujarat High Court's verdict, which dismissed his request for a stay on his conviction in the defamation case related to his "Modi surname" remark. The defamation case was filed against Rahul Gandhi in 2019 by Purnesh Modi after the Congress leader made a remark during an election rally in Kolar, Karnataka, on April 13, 2019, asking, "How come all thieves have Modi as the common surname?"

During the hearing, the Supreme Court sought to know why a maximum sentence was given to Rahul Gandhi. The court noted that had the judge given a sentence of one year and 11 months, then he (Rahul Gandhi) would not have been disqualified. To this, Jethmalani said that the Supreme Court had earlier cautioned Rahul Gandhi in the Rafale case but there has been no change in his conduct.