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Surat court rejects Rahul Gandhi's appeal in defamation case Congress on Thursday called a Surat court ruling that rejected Rahul Gandhi's appeal in a libel case related to his comment on Thursday about the "surname Modi" "misguided and untenable" and said the judge seemed "overshadowed " for the high office of the prime minister. Congress chief spokesman Abhishek Singhvi said it would refer to the High Court "very soon" as the ruling is "misleading" and contrary to all fundamental principles of law.
The Court of Extraordinary Sessions, judge RP Mogera, denied Gandhi's request for amparo against the court order of a magistrate who sentenced him to two years in prison in the defamation case.
"A very unfortunate and untenable judicial decision by the magistrate has been upheld by an even more untenable and erroneous judgment of the Court of Sessions handed down today. The sentence was upheld against all the basic elementary principles of law," Singhvi told reporters during a press conference. conference. conference.
"Let me assure you that the ruling will be legally challenged in the very near future," he said.
Arguing that the judgment is 'wrong' with no legal basis, he said the court noted that PM Modi had been slandered along with another 13 crores with the surname Modi, showing that the judge is 'overshadowed' by the hot-headed . Office of the Prime Minister.
"Obviously, unfortunately, the trial is influenced by the high office of the prime minister, forgetting that the honorable prime minister is not the complainant," Singhvi said.
Sources said that Singhvi, himself a renowned lawyer, is likely to appear before the Gujarat High Court while challenging the injunction for the session.
“There is a legal error in the sentence. We respect all courts and we have the High Court and the Supreme Court. We have several reasons to challenge the sentence.
We will move the High Court in the very near future,” Singhvi said.
"We trust that the higher courts with the constitutional power of judicial review, namely the Supreme Court and the Supreme Court, have the power and will correct the legal errors found in these two sentences. We are clear that the sentence is devoid of any basis durable for valid legal reasoning,” he said.
Singhvi said Rahul Gandhi's one-line comment in a two-and-a-half page speech "has been completely distorted from the start so that it is not recognized to serve the narrow ends of motivated whistleblowers, which has hardly been interpreted in the judgment of the court." court. and the little that has been said is a complete misrepresentation, legally erroneous".
Gandhi had applied to the Court of Sessions on April 3 to appeal the order of the lower court.
Running BJP rule, Singhvi said, their "swiftness and zeal" to act after the magistrate's initial order shows they "are driven by political animosity from seizing the house to disconnecting the electrical connection to notices , etc".
His completely misleading and misplaced statements about CBOs have backfired and the whole community and all of India now sees the BJP using the CBO community for cheap and narrow political games, he said.
“Rahul Gandhi's voice must not be silenced the way the BJP thinks it can be. The BJP has been like a kind of catch from Mr Modi to the government and the ruling party in a psychosis of fear," he said. , alleging that the ruling party unleashed thousands of trolls against the former president of Congress.
“Sometimes they threaten you with a notice of privilege, sometimes with suspension, but they don't know what Rahul Gandhi is made of. They do not know the resistance of the party of the Congress. Your voice will not be silenced because it is addressed to the people's court.
"He has not said anything vaguely defamatory in this case... he will continue to speak fearlessly in the people's court. It is clear that these pressure tactics range from smear, favorable opinions to not (allowing) him to speak in parliament to suspension ". etc they are meant to silence your strong and fearless voice on issues of bad governance, corruption, Adani-gate, etc. ”, said the leader of Congress.
After his conviction by the Magistrates Court on March 23, Gandhi was disqualified as a Lok Sabha MP and asked to vacate his official bungalow.
A suspension of sentence by the session court could have paved the way for his reinstatement as a deputy.
The magistrate court sentenced him to two years in prison and found him guilty of criminal libel for his comment, "How come all thieves have Modi as a common surname?" during a campaign rally at Kolar in Karnataka on April 13, 2019.
