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Gujarat HC dismisses Rahul Gandhi’s plea to droop conviction in Modi neighborhood defamation case

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On seventh July 2023, Gujarat High Court dismissed Rahul Gandhi’s plea to remain the conviction within the prison defamation go well with within the ‘Modi Surname’ case. Justice Hemant Prachchhak refused to remain Rahul Gandhi’s conviction.

Notably, the conviction within the case resulted in his disqualification as a Member of Parliament. Rahul Gandhi was an elected member of Lok Sabha from the Wayanad constituency of Kerala. He gained that seat within the 2019 basic elections. The courtroom dismissing the assessment plea by the Congress scion will lengthen his disqualification until he will get reduction from the apex courtroom.

BREAKING| Gujarat High Court DISMISSES Rahul Gandhi’s assessment plea to droop conviction in Defamation Case.

Court refuses to Stay Conviction.#ModiSurname#ModiThievesRemark pic.twitter.com/hX72eeI8G8

— Live Law (@LiveLawIndia) July 7, 2023

Justice Hemant Prachchhak mentioned in his order, “Rahul Gandhi is seeking a stay on conviction on absolutely non-existent grounds. Stay on conviction is not a rule. As many as 10 cases are pending against him.”

“(Gandhi) is seeking a stay on conviction on absolutely non-existent grounds. Stay on conviction is not a rule. As many as 10 cases are pending against (Gandhi)” : #GujaratHighCourt#ModiSurname #ModiThievesRemark #RahulGandhi

— Live Law (@LiveLawIndia) July 7, 2023

The courtroom additional noticed, “It is needed to have purity in politics. A complaint has been filed against Rahul Gandhi by the grandson of Veer Savarkar in Pune Court after Rahul Gandhi used terms against Veer Savarkar at Cambridge.”

“It is needed to have purity in politics…A complaint has been filed against (Gandhi) by the grandson of Veer Savarkar in Pune Court after Gandhi used terms against Veer Savarkar at Cambridge” : #GujaratHighCourt #ModiSurname #ModiThievesRemark #RahulGandhi

— Live Law (@LiveLawIndia) July 7, 2023

The courtroom dominated, “In any way, the conviction would not result in any injustice. The conviction is just and proper. There is no need to interfere with the said order. Therefore, the application is dismissed.”

Judge saying order: At least 10 prison instances pending towards him.
Even after the current case, some extra instances filed towards him. One such is filed by grandson of Veer Savarkar.
In anyway, conviction wouldn’t lead to any injustice.
The conviction is simply and correct.…

— Bar & Bench (@barandbench) July 7, 2023

Justice Hemant Prachchhak reserved his order on the keep utility on May 2, after listening to senior advocates Abhishek M Singhvi and RS Cheema, who represented Rahul Gandhi. The case was subsequently closed for judgment. Senior Advocate Nirupam Nanavati made submissions on behalf of the complainant Purnesh Modi, a former BJP MLA. The Gujarat Government additionally opposed Rahul Gandhi’s plea, with Public Prosecutor Mithesh Amin presenting their arguments.

The prison defamation case was filed over a comment made by Gandhi through the 2019 Lok Sabha marketing campaign. Referring to individuals like Lalit Modi, and Nirav Modi, Rahul Gandhi had requested “Why do all thieves have the same surname?.”

‘Rahul’s assertion focused your complete Modi neighborhood’

After BJP MLA and former Gujarat minister Purnesh Modi accused Rahul Gandhi of defaming your complete Modi neighborhood along with his remark, a prison defamation case was filed towards Gandhi. Subsequently, on March 23, 2023, the Court of Chief Judicial Magistrates in Surat discovered Rahul Gandhi responsible and sentenced him to 2 years imprisonment, leading to his disqualification as a member of Lok Sabha. However, his sentence was suspended on the identical day, and he was granted bail, permitting him to file an attraction towards his conviction inside 30 days.

On April 3, Rahul Gandhi approached the Surat Sessions Court to problem his conviction and requested a keep on the decision. However, his plea for a keep was rejected on April 20. Nonetheless, the Surat Sessions Court granted him bail till his attraction is resolved.