Judge Robin Mogera while dismissing the application filed by Gandhi opined that Gandhi’s disqualification would not cause any irresistible or irrevocable loss to him.
The Surat Sessions Court on Thursday dismissed Congress leader Rahul Gandhi’s plea seeking to stay his conviction and two years sentence by a Magistrate court in the criminal defamation case filed against him.
Gandhi was convicted by a Magistrate court in Surat on March 23 for his remark “all thieves have Modi surname” which he had made at an election rally in Kolar in 2019.
The conviction was based on a complaint filed by BJP leader Purnesh Modi, who claimed that the Congress leader through his remark defamed the entire Modi community.
Additional Sessions Judge Robin Mogera on Thursday refused to stay the conviction by the Magistrate.
This would mean that Gandhi would continue to stand disqualified from Lok Sabha.
Judge Mogera, while dismissing the application filed by Gandhi, opined that Gandhi’s disqualification would not cause any irresistible or irrevocable loss to him.
Following are the six major reasons, why the court dismissed Gandhi’s plea.
Purnesh Modi’s complaint is maintainable
Rahul Gandhi had argued that only PM Narendra Modi could have filed a complaint of criminal defamation as there is no identifiable group called as ‘Modi’ and thus the plaint filed by Purnesh Modi is untenable.
However, Judge Mogera in his order noted that Gandhi had made certain derogatory remarks against Prime Minister Narendra Modi in general public and further compared the persons having ‘Modi’ surname with thieves.
Hence, the reputation of the complainant who bears the surname Modi, was also harmed, the Court concluded.
“Moreover, the complainant is ex-minister and involved in public life and such defamatory remarks would have certainly harmed his reputation and caused him pain and agony in society. For such reasons, I do not agree with the objections raised with regard to maintainability of the complaint,” the judge said in the order.
Trial was fair and not harsh
The Court said that the Magistrate gave Gandhi all opportunities to cross-examine witnesses and hence, Gandhi’s contention that the trial court was unfair to him, was incorrect.
“It appears from record that all opportunities were accorded to Gandhi for cross-examining the witnesses and hence I do not agree with the contentions about he being deprived of fair trial,” the judge underscored.
Specifically on the argument that maximum sentence was imposed on Gandhi and the same was disproportionate, the Court said that the Magistrate imposed a sentence which was permissible in law.
“So far as imposing of maximum punishment is concerned, it would be worthwhile to observe that the appellant was not an ordinary person and was sitting MP, connected with public life. Any word spoken by appellant would have large impact in mind of common public…Moreover, high standard of morality is expected from a person like appellant and the trial court had inflicted sentence, which was permissible in law,” the Court said.
Gandhi’s speech caused mental agony to Purnesh Modi
The judge further said that Gandhi’s words would have caused extreme mental agony to Purnesh Modi who himself is socially active and involved in public life.
While delivering the speech Gandhi was not only the Member of Parliament (MP) but also the President of the second largest political party and looking at his stature, he should have been more careful with his words, which would have large impact on the mind of people, the Court said.
“Any defamatory words coming from his mouth are sufficient enough to cause mental agony to aggrieved person. In this case, by uttering defamatory words and comparing persons having surname ‘Modi’ with thieves would definitely have caused mental agony and harm the reputation of complainant, who is socially active and dealing in public,” the judge observed.