Facts of the case – Mr Rahul Gandhi made a statement in his political speech made during the 2019 Lok Sabha campaign in Kolar district of Karnataka that “Why do all these thieves have Modi as their surname? Nirav Modi, Lalit Modi, Narendra Modi.”? Nirav Modi is a fugitive Indian diamond tycoon while Lalit Modi is a former chief of the Indian Premier League who has been banned for life by the country’s cricket board
The statement was taken as defamatory remarks to the people of modi surname and Purnesh Modi, a former minister in Gujarat government, had filed a criminal defamation case in 2019 against Rahul Gandhi. The court had sentenced him jail for two years in Criminal Defamation case. On the very next day he was disqualified as a member of parliament as per the order of Supreme Court of 2013 which says that, a lawmaker convicted in a crime and sentenced to two or more years in jail stand disqualified from the parliament with immediate effect. Mr Gandhi then approached the Gujarat High Court against this sentence and was out on the bail till the disposal of his appeal granted by Surat Session Court.
Gujarat High Court then dismisses his appeal seeking stay on his conviction in the case stating that Dismissing Gandhi’s revision plea, the Gujarat High Court observed that the case against Gandhi concerns a large identifiable class (Modi Community) He then approached the Supreme Court against the refusal of Gujarat High Court.
Petitioner argued that “Insulting any surname is not freedom of speech,”
Mr Gandhi argued that he made the comment to highlight corruption and it was not directed against any community.
Mr Gandhi argued before the Supreme Court that Modi does not fall in any category association or collection of persons as stipulated under section 499 of IPC, and the said remarks are not against the complainant Purnesh Modi, and there was no proof shown by the complainant that how the said statement has affected him. And there was no malafide interest of Mr Gandhi.
Finally Supreme Court agreed to list the Case on July 21.
Written By – Nikita Soni, College Name – YCLC Law College, Pune, Semester – 7th Semester Under Legal Vidhiya
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