While adamantly claiming his innocence in the “Modi surname” remark case, Congress leader Rahul Gandhi asked the Supreme Court on Wednesday to stay his two-year conviction so he may take part in the current Lok Sabha session and sessions to come.
Rahul Gandhi in the “Modi Surname” case made the following remarks about Prime Minister Narendra Modi in April 2019 during a rally in Kolar, Karnataka: “How come all the thieves have Modi as the common surname?”
In an affidavit submitted to the Supreme Court, Mr. Gandhi stated that he has consistently maintained his innocence and that the conviction is “unsustainable.” He added that if he had been required to apologise and compound the charge, “he would have done it much earlier.”
According to Mr. Gandhi’s affidavit, the complainant, Gujarat BJP MLA Purnesh Ishwarbhai Modi, only used derogatory language like “arrogant” to describe him because he has refused to apologise. It is an obvious misuse of the judicial system and should not be tolerated by this court. It an effort to “arm twist” Mr. Gandhi into making an apology for no fault by using the criminal procedure and the penalties under the Representation of Peoples Act.
Purnesh Ishwarbhai Modi earlier had stated that “At the time of sentencing before the Trial Court, the Petitioner 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 the reputation of the persons he had defamed. Subsequent to the order of conviction and sentence, in a press conference, the petitioner said that he would never apologise in this case as he was not a Savarkar, but a Gandhi,”
According to the affidavit, Mr. Gandhi has a “exceptional” case because the crime was so minor. Also, because his standing as an elected MP has been irreparably damaged. “On the other hand, there is no prejudice caused at all to the complainant. It is therefore prayed for that the conviction of Gandhi be stayed, enabling him to participate in the ongoing sittings of the Lok Sabha and the sessions thereafter,” Mr Gandhi said.
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