Modi surname row: Surat court begins hearing on Rahul's counter plea

A sessions court in Surat city of Gujarat on Thursday commenced hearing on Congress leader Rahul Gandhi's plea for a stay on his conviction in a defamation case over his 'Modi surname' remark in which he has been sentenced to two years in jail.

Bharatiya Janata Party (BJP) MLA and complainant Purnesh Modi, in his reply filed earlier in the same court, opposed Gandhi's plea for a stay on conviction saying the Congress leader is a 'repetitive offender' who is in the habit of making defamatory statements.

On Thursday, arguments from both sides commenced in the court of Additional Sessions Judge RP Mogera.

''The court will first hear the arguments put forward by Rahul Gandhi's lawyers seeking a stay on his conviction. After that, we will put forth our objections and arguments against their plea for a stay on conviction,'' Purnesh Modi's lawyer Ketan Reshamwala said before entering the courtroom.

A metropolitan magistrate's court in Surat on March 23 sentenced Rahul Gandhi to two years in jail after holding him guilty for his remark ''How come all thieves have Modi as the common surname'', made during an election rally on April 13, 2019.

Gandhi has filed an appeal before Judge Mogera against the verdict. He has also prayed for a stay on the conviction in the meantime. In his appeal, Gandhi has termed his conviction as ''erroneous'' and patently perverse.

Last month, the court in Gujarat sentenced Gandhi to two years in the case filed against him over his ''why all thieves have Modi surname'' remarks. Gandhi, who was present in the court when the verdict was pronounced, reacted later by quoting Mahatma Gandhi in a tweet in Hindi about truth and non-violence.

The conviction came on the basis of a case filed by BJP MLA Purnesh Modi, wherein he accused Rahul of humiliating the entire Modi community with his remarks in Kolar. The Congress leader was found guilty under Section 504 of the Indian Penal Code (IPC) for intentionally insulting with the intent to cause a disturbance of peace.

The former Congress chief in his appeal against his conviction and sentence by a Magistrate's court on March 23 contended that the order was erroneous and patently perverse, alleging he was sentenced in a manner so as to attract disqualification as a Member of Parliament.

Rahul Gandhi submitted he was treated harshly by the trial court which was overwhelmingly influenced by his status as an MP, and maintained there is no such thing as a definite Modi samaj or community on record. It appears reasonable to argue that the applicant was really sentenced in a manner so as to attract the order of disqualification (as an MP).

He further said that by the very nature of his task, a politician in Opposition cannot always weigh his words in golden scales. ''Hence, it is incumbent upon courts to focus on the essence and spirit of the speech (related to Modi surname) made rather than on the tone and tenor,'' Gandhi said, adding a strong and uncompromising opposition"is the essential requirement of a true and healthy democracy.

''Parliamentarian, in Opposition, is expected or rather required to be vigilant and critical, and the view of the trial court that a Member of Parliament deserves to be awarded the highest punishment because of his status is wholly unwarranted and manifestly unjust,'' said the four-time MP.