In the Modi surname case, the Supreme Court has given a big relief to Rahul Gandhi.
While giving its verdict in this case, the Supreme Court has stayed the sentence of Rahul.
Giving relief to Rahul Gandhi, the judge said, “We are staying Rahul’s conviction till the appeal is pending in the Sessions Court.”
On getting relief from Supreme Court to Rahul Gandhi, Congress said, this is the victory of love against hatred. Satyamev Jayate-Jai Hind.
The case of Rahul Gandhi was being heard by a bench headed by Justice BR Gavai. Rahul’s lawyer Abhishek Manu Singhvi argued in the court that the original surname of the complainant (Purnesh) himself is not Modi. His original surname is Bhutala. Then how can this be the case.
Singhvi also said the court that the people named by Rahul did not file the case. He said, these people say that there are 13 crore people with the name Modi, but if seen carefully, the problem is happening only to the people associated with BJP.
Abhishek Manu Singhvi, keeping Rahul’s side in the court, said that in this case maximum punishment was given for the defamation case. The result of this will be that Rahul Gandhi will not be able to become a public representative for 8 years.
He said the apex court that the High Court reserved the order for 66 days. Rahul has not been able to attend the two sessions of the Lok Sabha.
on which Justice Gavai asked that but the trial judge has given the maximum punishment. The reason for this has also not been explained in detail. Justice Gavai further said that by giving such punishment, the right of not only one person but of the entire constituency is being affected.
The trial judge has written that no special concession can be given to the accused on the basis of being a Member of Parliament. A lot of advice has also been given in the order. Very interesting orders are coming from Gujarat these days.
Mahesh Jethmalani said that even in the Rafale case, Rahul Gandhi had said chowkidar chor hai. Later he replied in the court that he spoke like this out of excitement during the election campaign. That is, even then instead of accepting the mistake directly, an attempt was made to argue on it. After all, after the court’s reprimand, he had unconditionally apologized.
Writing an order on Rahul, the bench said, Rahul’s appeal is pending in the sessions court, so we will not comment on the case. As far as the stay on Rahul’s sentence is concerned, the trial court has given Rahul the maximum sentence of defamation but has not given any specific reason for this.
Due to the sentence of 2 years, Rahul has come under the ambit of the Representation of the People Act, if his sentence was less then his membership would not have been lost.
There is no doubt that Rahul’s statement was not good. Restraint should be exercised while making statements in public life.
Apart from Rahul, the rights of the people of his constituency are also being affected by this decision of the trial court. That’s why we are staying Rahul’s sentence till the appeal is pending in the sessions court.
This relief given to Rahul Gandhi is immediate relief. If the Sessions Court awards a sentence of two years, then this disqualification will come into effect again. But if Rahul acquits Gandhi or reduces the sentence to less than two years, the membership will be restored.
After the decision of the lower court, the Lok Sabha Secretariat had issued a notification that the Wayanad seat is vacant. Now taking it back a new notification will be issued that the old notification is being withdrawn. It is not yet clear how long it will take. It may take a day or even a month