Guj court rejects Rahul's plea for suspension of conviction in defamation case
Darpan News Desk IANS, 20 Apr, 2023 11:09 AM
Surat, April 20 (IANS) The sessions court in Surat on Thursday dismissed Congress leader Rahul Gandhi's plea seeking suspension of his conviction in the defamation case that led to his disqualification from Parliament.
The court had convicted Gandhi on March 23 for his remarks made during an election rally in Kolar in April 2019, where he had said that "all people with the Modi surname are thieves".
The court sentenced him to two years in prison and he was disqualified as a member of Lok Sabha the next day.
Rahul Gandhi's lawyers had filed two applications, one for bail till the disposal of his appeal and another for suspension of his conviction until the appeal is decided.
Senior advocate R.S. Cheema, appearing for the Congress leader, argued that only an aggrieved person could file a defamation complaint as per the law, while also pointing out that the speech was not defamatory until it was taken out of context.
The case was filed by BJP MLA Purnesh Modi, who had claimed that Rahul Gandhi's statement had defamed all the people with the Modi surname.
The court had found Rahul Gandhi guilty under IPC Sections 499 (defamation) and 500 (punishment for defamation).
He had claimed that the trial court treated him harshly because of his status as an MP.
Cheema also questioned the Surat court's jurisdiction, pointing out that the speech was made in Kolar.
The court rejected Rahul Gandhi's plea, which means that he cannot be reinstated as an MP.
It also imposed the maximum punishment permissible under the law, and Rahul Gandhi's punishment could not have been even a day less to allow him to retain his seat as an MP.
The police have arrested six persons in this connection, out of whom two are residents of Liluah in Howrah district, two are from Maharashtra and one from Gujarat. The police suspect that besides running the fake call centre, the arrested persons were also involved in illegal hawala transactions.
A forensic science lab team also reached the spot and inspected the suitcase and the spot where the body was found. The hands and the feet of the victim were tied with a rope, a police officer said, not ruling out the possibility of foul play in the case.
The officials said that some dreaded criminals were lodged in the same ward, adding that Sisodia has not raised any complaint in food or other things so far. Sisodia, who was arrested on February 26 in the Delhi excise policy case, was lodged in the cell on Monday after due formalities which included some medical tests.
Special public prosecutor (SPP) Amit Prasad argued the charges against Poonawala. It was submitted that the accused is a trained chef from Taj Hotel and is aware of preserving the flesh. Poonawala had also ordered dry ice, agarbatti etc. after killing Shraddha Walker, the police said.
Carrying placards, father Balkaur Singh and mother Charan Kaur told the media it has been almost a year of the crime occurrence and the main culprits have not been arrested.They demanded that the case should be investigated by the Central Bureau of Investigation (CBI) as crucial witnesses "are being eliminated and nothing is going in their favour."
The accused were identified as Mohd. Danish (33) and Danish alias Raja (30), both residents of Sambhal in Uttar Pradesh. Police have also recovered five high end luxury cars and SUVs from the possession of the accused.
