Modi Surname Case: Surat Court Rejecting Rahul Gandhi's Plea Against Conviction A Big Slap On Gandhis, Says BJP

The Congress said it will continue to avail all options still available under the law after a Gujarat court rejected Rahul Gandhi's application for a stay on his conviction in a criminal defamation case.

New Delhi: The BJP on Thursday welcomes the Surat court's decision to reject Congress leader Rahul Gandhi's plea for a stay on his conviction in the Modi surname criminal defamation case as a “slap on the face of the Gandhi family.” The ruling party also hailed the Surat court order as a "victory" of the judiciary and the people. Hitting out at the Congress, BJP national spokesperson Sambit Patra said, "Today’s judgement clarified that the constitution triumphs in India not dynastic politics. This is a slap on the face of the Gandhi family. Today, the Surat court proved that the law is the same for everyone and no one is above it. This is a blow to the arrogance of the Gandhi family and a victory for the common people of India.”

Today’s judgement clarified that the constitution triumphs in India not dynastic politics. This is a slap on the face of the Gandhi family. Today, Surat court proved that law is the same for everyone and no one is above it. This is a blow to the arrogance of the Gandhi family and… pic.twitter.com/CJnx45kdYZ

— ANI (@ANI) April 20, 2023

The BJP leader stated that the Surat court's decision made it clear that there is the rule of the Constitution in this country, not the family. Patra also took a swipe at senior Congress MP Pramod Tiwari who had once said that the Gandhi family should be treated differently by the law, and said that ''there can't be preferential treatment for any family."

The BJP spokesperson further alleged that the Congress was "mobilising its ecosystem" after Rahul Gandhi's conviction in the case last month "to carry out a movement against the judiciary and even got statements issued against India". "The Congress ecosystem created an atmosphere that there was bias against Gandhi in a trial court judgment," Patra alleged during a press conference in the national capital soon after the Surat court pronounced its order.

Surat Court Rejects Rahul Gandhi’s Plea

Earlier, a court in Surat in Gujarat rejected Rahul Gandhi's plea for a stay on conviction in a defamation case that saw him being disqualified as Lok Sabha MP by observing he should have been "more careful with his words" since he was a Member of Parliament and the then president of the country's second-largest political party.

The court of Additional Sessions Judge RP Mogera rejected Gandhi's plea for a stay of conviction in a 2019 defamation case over his "Modi surname" remark. It said a "high standard of morality" is expected from a person like the appellant, adding that the trial court had imposed a sentence that was permissible in law.

A metropolitan magistrate court here on March 23 sentenced Gandhi to two years in jail after convicting him under sections 499 and 500 of the Indian Penal Code for criminal defamation in the case filed by BJP MLA Purnesh Modi.

A day later, 52-year-old Gandhi, who was elected to the Lok Sabha from Wayanad in Kerala in 2019, was disqualified under provisions of the Representation of the People Act.

In its order on Thursday, the additional sessions court also observed that Gandhi's removal or disqualification as MP under section 8(3) of the Representation of the People Act, 1951 "cannot be termed as irreversible or irreparable loss or damage." "Any defamatory words coming from the mouth of the appellant are sufficient enough to cause mental agony to an aggrieved person," the court of additional sessions judge RP Mogera said in its order.

By uttering defamatory words and comparing persons having the 'Modi' surname with thieves "would definitely have caused mental agony and harm the reputation of complainant Purnesh Modi, who is socially active and dealing in public," the court said.

Will Appeal In Higher Court: Congress

The Congress, meanwhile, said it will continue to avail all options still available under the law after a Gujarat court rejected Rahul Gandhi's application for a stay on his conviction in a criminal defamation case. A court in Gujarat's Surat city rejected Gandhi's application for a stay on his conviction in the case over his "Modi surname" remark.

"We will continue to avail all options still available to us under the law. Dr A M Singhvi will brief the media on Rahul Gandhi's appeal at 4 pm," Congress general secretary Jairam Ramesh said in a tweet.

His (Rahul Gandhi) application was dismissed in the lower court, we will go to the higher court: Karnataka LoP and senior Congress leader Siddaramaiah on Surat Court rejects application for stay on Rahul Gandhi's conviction in the 2019 defamation case on 'Modi surname' remark pic.twitter.com/VLUHelJBSz

— ANI (@ANI) April 20, 2023

Responding to questions on Gandhi's case at a press conference at the AICC headquarters, Congress leader Bhupinder Singh Hooda said it is a "politically motivated" case, and "We have full faith in the judiciary".