Defamation case: BJP leader Purnesh Modi seeks dismissal of Rahul Gandhi's appeal in Supreme Court

economictimes.indiatimes.com:

BJP leader and former Gujarat minister Purnesh Modi on Monday sought the dismissal of Congress leader Rahul Gandhi's appeal in the Supreme Court against his conviction in a criminal defamation case, saying he has defamed all those bearing the Modi surname, particularly people belonging to the 'Modh Vanik' caste of Gujarat. Purnesh Modi had filed a criminal defamation case in 2019 against Gandhi over his «How come all thieves have Modi as the common surname?» remark made during an election rally in Kolar in Karnataka on April 13, 2019.

In his written reply to Gandhi's appeal in the top court, Modi said, «It is a settled law that stay of conviction is granted in the rarest of rare cases for exceptional reasons. The Petitioner's (Rahul Gandhi) case manifestly does not fall in that category.

Moreover, it is respectfully submitted that the order of conviction of the Petitioner by the Trial Court is unimpeachable on the evidence-on-record.» In his 21-page reply filed through advocate PS Sudheer, Modi said Gandhi, during his cross-examination, not merely failed to make any dent in the prosecution's case, but practically admitted the defamation of all persons bearing the Modi surname. The BJP leader added Gandhi's attitude disentitles him to any relief in the form of stay of conviction as it «reveals arrogant entitlement, rank insensitivity to an offended community and contempt for the law».

He said in view of the «overwhelming» evidence adduced before the trial court on which the conviction is based, there is no ground to stay the conviction. The top court is scheduled to hear on August 4, Gandhi's appeal challenging the Gujarat High Court's July 7 verdict that declined to put on hold his conviction.