Proceedings Are Going On In Gujarat High Court on Rahul Gandhi’s Application In The Defamation Case
The Gujarat High Court has commenced the proceedings to review Rahul Gandhi’s appeal against a Surat court’s decision to reject his request to halt his conviction in a criminal defamation case related to his statement on the “Modi surname.” During the hearing, Rahul Gandhi’s lawyer, Abhishek Manu Singhvi, contended that there is no specific group that can justify the accusation, making the legitimacy of the complaint doubtful. According to the Bar & Bench, Singhvi argued that the complaint’s maintainability is uncertain.
Before Justice Hemant Prachchhak’s court, the speaker stated that the crime committed was not severe in nature, nor did it involve any immoral conduct. These are the two criteria that can prevent the suspension of a conviction in a suitable circumstance.
Rahul Gandhi’s Lawyer’s Arguments
Singhvi outlined the possible scenarios for filing a case and emphasized that none of them applies to this case. According to the Bar & Bench, Singhvi stated that in the case of a speech, there are three possible situations: firstly, if the complainant was present during the speech, they can file a complaint. Secondly, a journalist who attended the event and covered the speech can testify. Lastly, someone else who attended the event can verify the speech. However, none of the witnesses in this case belong to any of these three categories, as per Singhvi.
Gujarat High Court’s Earlier Response
On April 26, when Gandhi’s lawyer P S Champaneri brought up the case before Justice Gita Gopi of the Gujarat HC, she withdrew herself from the hearing, stating that the case was “not before me.” This occurred a day after Gandhi approached the HC. A Surat court presided by Additional Sessions Judge Robin Mogera had dismissed Gandhi’s request for a suspension of the conviction on April 20. The court stated that if such powers were employed carelessly and routinely, it would significantly impact public perception of the justice delivery system and that such an order would erode confidence in the judiciary.
In his plea before the HC, Gandhi has requested a suspension of his conviction on the grounds of excessive punishment and the irreversible harm caused to him due to his loss of Lok Sabha membership.
Related Read| Rahul Gandhi Moves High Court Against Surat Court’s Decision
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