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No interim relief for Rahul Gandhi in defamation case: As Gujarat HC reserves order, from ‘motormouth’ to ‘law breaker’, what was said in court

Senior Advocate Abhishek Manu Singhvi requested the court to provide interim relief, but the court refused.

On May 2, Gujarat High Court reserved an order in the defamation case, refused to give any interim relief to the Congress leader and disqualified MP Rahul Gandhi. During the hearing, Gandhi’s please in the matter related to his “Modi surname” remark, Justice Hemant Prachchhak said it was in the interest and fitness of the case that the matter be decided finally.

The court did not give interim protection to the disqualified MP and kept the matter for final judgment post-summer vacations. Before the hearing commenced, Justice Prachchhak had made it clear he would use his vacation time to write the judgment and pass it after he resumes office post-summer vacation. The judgment will come only after June 4.

Notably, the former Congress MP had sought an interim stay on his conviction and sentence awarded by the Gujarat Court on March 23 under Sections 499 and 500 of the Indian Penal Code for criminal defamation. The judgment was passed in the case filed by BJP leader Purnesh Modi over the remarks passed by Gandhi in April 2019 against people with the Modi surname.

Earlier, the matter was to be heard by Justice Gita Gopi, but she rescued herself from hearing on April 26. The case was then transferred to Justice Prachchhak.

Senior Advocate Nirupam Nanavati appeared for Punesh Modi, who was the complainant. He told the court that the court should consider the seriousness of the offence and its impact on the victim and society.

Nanavati further noted that the disqualification came from the judgment as per the law. Neither court nor Parliament disqualified Gandhi. He was disqualified from the post of MP because the law states that if a lawmaker gets convicted and sentenced to two years, he or she will be automatically disqualified from the house.

Nanavati pointed out that in the Lily Thomas vs Union of India matter, the Supreme Court had struck down section 8(4) of the Representation of People Act that protected convicted lawmakers from disqualification. The then-Congress government brought an ordinance against the judgment, but Rahul Gandhi himself tore it. Nanavati said, “He made that mistake of tearing that Ordinance, had he not, he could have been saved now.”

Calling Gandhi a “motormouth”, Nanavati pointed out that he was a repeat offender. Despite a warning from the Supreme Court in “Chowkidar Chor hai” remarks, he has not stopped making allegedly defamatory comments.

He noted how Rahul Gandhi repeatedly used derogatory remarks against Veer Savarkar in his statements. He cited Gandhi’s statement when he said, “My name is Gandhi, and I am not Savarkar and won’t apologise.” Notably, Congress’s allies have asked him not to attack Savarkar in his statements.

Public Prosecutor Mitesh Amin, who was representing the Gujarat Government, said, “Duty of the lawmakers is to uphold the law, but the present appellant himself is breaking the laws. This makes the case more serious. The legislator’s function is to legislate, but he isn’t doing that.”

Senior Advocate Abhishek Manu Singhvi requested the court to provide interim relief, but the court refused.

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