The complainant Purnesh Ishwerbhai Modi has filed a caveat in the Supreme Court in the matter pertaining to the Gujarat High Court decision denying stay Rahul Gandhi’s conviction in the defamation case against the ‘Modi surname’ remark. Purnesh Modi filed a defamation case against Congress leader Rahul Gandhi.
Purnesh Modi also wants to be heard in the case when the Supreme Court takes up Gandhi’s appeal against the Gujarat High Court’s judgement rejecting to suspend his conviction in a defamation case. A Caveat application is submitted by a litigant to guarantee that no adverse order is made against them without being heard.
Gujarat High Court on Friday upheld the Sessions Court’s ruling and rejected a stay on Rahul Gandhi’s conviction in the defamation case against the ‘Modi surname’ statement. As there is the potential that Rahul Gandhi may oppose the plea in Supreme Court, Purnesh Ishwerbhai Modi has filed a caveat in the top court so that he must be heard before the top court granted any instruction if the matter is heard.
Rahul Gandhi had been denied any sort of temporary relief by the Gujarat High Court. On April 25, the Congress leader filed a petition with the Gujarat High Court to appeal the Surat Sessions Court’s decision to not grant him a stay of execution for the criminal defamation case. The Surat sessions court had on April 20 dismissed Rahul Gandhi’s appeal seeking a stay on his conviction by the lower court in the criminal defamation case.
In a lawsuit brought by Purnesh Modi, the lower court sentenced Rahul Gandhi to two years in prison on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC). Rahul Gandhi poked fun at Prime Minister Narendra Modi during a rally in Kolar, Karnataka, in April 2019 by asking, “How come all the thieves have Modi as the common surname?” Congress had stated that it will petition the Gujarat High Court in response to the court’s ruling in the session.
