New Delhi: In the ongoing legal battle over the 'Modi surname' remark, Congress leader Rahul Gandhi has approached the Supreme Court, seeking a stay on his two-year conviction. In his affidavit filed before the top court, Mr. Gandhi maintained his innocence and stated that the conviction was "unsustainable."
The controversial remark was made during a rally in Karnataka's Kolar in April 2019, where Rahul Gandhi took a dig at Prime Minister Narendra Modi, stating, "How come all the thieves have Modi as the common surname?"
Refusing to apologize, Mr. Gandhi highlighted in his affidavit that he has consistently maintained his innocence and if necessary, he would have apologized earlier. He further criticized the complainant, Gujarat BJP MLA Purnesh Ishwarbhai Modi, for using derogatory terms like 'arrogant' to describe him merely because he declined to apologize.
The affidavit argued that employing the criminal process and the Representation of Peoples Act to "arm twist" him into apologizing for a trivial offense was an abuse of the judicial process and should not be allowed by the court. It also emphasized the exceptional nature of his case as an elected MP, stressing the irreparable harm caused to him.
On the other side, the complainant argued that Mr. Gandhi displayed arrogance rather than being apologetic in his remarks, showing insensitivity towards the offended community and contempt for the law. The complainant asserted that Mr. Gandhi maligned a blameless class of persons with his malicious words.
Following his conviction, Mr. Gandhi was disqualified as an MP from Kerala's Wayanad on March 24. The conviction carries a two-year imprisonment term, leading to his disqualification under the Representation of People Act.
In his plea, Mr. Gandhi also sought a stay of the Gujarat High Court's verdict upholding his conviction, contending that it was unprecedented in the law of defamation. He argued that all earlier cases filed against him were by members and office bearers of the ruling party, making it a unique situation.
The case has raised legal complexities surrounding the 'Modi surname,' as it is common in various communities and sub-communities with no uniformity. The complainant, Purnesh Modi, who shares the surname, could not prove specific personal prejudice or damage, according to Mr. Gandhi's plea.
The Supreme Court is now examining the appeal, and further updates will be awaited as the legal proceedings continue.
