Mon. Sep 25th, 2023

New Delhi- In his reply filed within the Supreme Court within the Rahul Gandhi defamation case, complainant BJP legislator Purnesh Modi has mentioned that the previous Congress president displayed “arrogance” and his plea “deserves to be dismissed with exemplary costs”.

The reply doc said that subsequent to his conviction, the Congress chief, in a press convention, mentioned that he would by no means apologise “as he was not a Savarkar but a Gandhi”.

“At the time of sentencing before the trial court, the petitioner (Rahul Gandhi) far from being repentant or contrite, displayed arrogance. He said he did not seek any mercy from the Court and would not apologise for any harm to reputation of the persons he had defamed, ” mentioned the counter affidavit filed earlier than the highest court docket opposing Rahul Gandhi’s plea for keep of conviction.

It additional mentioned that Gandhi’s perspective “disentitles him to any relief in the form of stay of conviction as it reveals arrogant entitlement, rank insensitivity to an offended community and contempt for the law”.

“It is a settled law that stay of conviction is granted in the rarest of rare cases for exceptional reasons. The petitioner’s (Rahul Gandhi’s) case manifestly does not fall in that category, ” added the reply additional.

Further, it mentioned Rahul Gandhi made the defamatory assertion out of “personal hatred” in the direction of an elected Prime Minister of the nation, and “deserves no sympathy” on the query of the sentence imposed.

The counter affidavit mentioned that Gandhi had “disreputable antecedents”.

It referred to his prison prosecution within the National Herald case, the place he’s on bail and the opposite case regarding defamation of Veer Savarkar.

It mentioned that the selections of the decrease court docket sentencing Gandhi was “totally justified” and the excessive court docket’s refusal to intrude with the Sessions Court”does not disclose any error” and relies on “sound reasons”.

On July 21, the Supreme Court agreed to look at the plea filed by former Congress President Rahul Gandhi towards the Gujarat High Court’s verdict denying to place a keep on his conviction within the ‘Modi surname’ defamation case.

A bench comprising Justices BR Gavai and Prashant Kumar Mishra had issued a discover on the query as as to whether the conviction ought to be suspended or not. The bench didn’t cross any interim reduction on Gandhi’s plea praying for suspension of his sentence.

The High Court’s refusal to remain his conviction and two-year jail time period in a prison defamation case, has value the Congress chief his Lok Sabha membership.

The court docket had sought responses of the Gujarat authorities and Purnesh Modi on Rahul Gandhi’s plea. It had posted the matter for listening to on August 4.

On July 15, the Congress chief had approached the Supreme Court difficult the Gujarat High Court’s order the place a bench of Justice Hemant Prachchhak had noticed that granting a keep on his conviction can be an exception, and never a rule.

Rahul Gandhi was disqualified as a Member of Parliament in March, after a Surat court docket convicted him and sentenced him to 2 years in jail for his “How come all thieves have Modi as the common surname” comment made throughout an election rally in Karnataka in April 2019.

Rahul Gandhi’s 2019 comment was interpreted as an try to attract an implicit connection between Prime Minister Narendra Modi and fugitive businessmen Nirav Modi and Lalit Modi.

In March, the classes court docket in Surat had dismissed Rahul Gandhi’s plea looking for suspension of his conviction by the Justice of the Peace court docket, stating that his disqualification won’t lead to an irreversible loss to him.

The Congress chief was disqualified underneath a rule that bars convicted MPs from holding Lok Sabha membership.

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