In response to Gandhi’s comment, “How come all thieves have Modi as the common surname?” made on April 13, 2019, BJP politician and former Gujarat minister Purnesh Modi filed a criminal defamation complaint against Gandhi in 2019.
Gandhi said in an affidavit submitted to the top court that Modi only used “slanderous” phrases like “arrogant” for him in his response because he refused to apologize.
“Arm-twisting the Petitioner into making an apology for no fault by using the criminal procedure and the penalties under the Representation of People Act is a blatant misuse of the legal system that this Court should not tolerate.
Gandhi said in the affidavit that if he had to apologize and compound the offense, he would have done so much earlier. “The petitioner maintains and has always maintained that he is not guilty of offence and that the conviction is unsustainable.”
Rahul Gandhi, a disqualified MP from Kerala’s Wayanad, said he had a “exceptional” case given the “trivial” nature of the offense and the irreparable damage that would result from his removal from office.
“On the other hand, the complaint is not at all prejudiced. Therefore, it is requested for that Rahul Gandhi’s conviction be overturned so he may take part in the current Lok Sabha session and any sessions that follow, he added in the affidavit.
He said that the crime of defaming the Modi community as a whole does not exist since there is no community or “samaj” by the name of “Modi” on file.
“On record, there are no Modi samajs or communities; the only ones that exist are the Modi Vanika Samaj and the Modh Ghanchi Samaj. Additionally, he (the plaintiff) acknowledged that there are different castes to whom the Modi surname belongs. Additionally, it is acknowledged that Lalit Modi, Mehul Choksi, and Nirav Modi are not all members of the same caste, according to the affidavit.
Gandhi had previously asked for the rejection of Gandhi’s appeal against his conviction in the criminal defamation case. Purnesh Modi said Gandhi had defamed everyone with the surname Modi, especially those who belonged to the Gujarati caste known as the “Modh Vanik.”
The top court had asked Modi and the state administration for comments on Gandhi’s plea on June 21.
Gandhi said in his July 15 appeal that if the July 7 ruling is not overturned, it would stifle freedom of expression, thinking, and declaration.
The Congress politician was stripped of his MP credentials on March 24 after a Gujarat court found him guilty of criminal defamation and sentenced him to two years in jail for his remarks against the Modi surname.
His request for a stay of execution had been denied by the supreme court, which noted that “purity in politics” was urgently needed.
Gandhi might have been reinstated as a Lok Sabha MP if his conviction had been put on hold, but neither the sessions court nor the Gujarat High Court granted him any relief.
