Rahul Gandhi convicted, sentenced to 2 years in jail in 2019 'Modi surname' remark case

A Surat District court on Thursday held Congress MP Rahul Gandhi guilty in a 2019 criminal defamation case filed against him over his alleged ''Modi surname'' remarks. The court of Chief Judicial Magistrate HH Varma held Gandhi guilty under Indian Penal Code section 504, which deals with intentional insult with intent to provoke breach of peace.

Rahul Gandhi was sentenced to 2 years in jail by the court. However, he was later granted bail by the court after paying a bail bond of Rs 10,000.

The case was filed under IPC sections 499, 500 (for criminal defamation), and 504 on a complaint lodged by BJP MLA and former Gujarat minister Purnesh Modi. These sections invite a jail term of up to two years or fine or both.

The Lok Sabha MP from Wayanad is convicted under IPC section 504. The maximum possible punishment under this section is two years. As a sitting MP, Rahul Gandhi will not face disqualification immediately and he has 30 days to appeal against the order.

The case was filed against Gandhi for his alleged "how come all the thieves have Modi as the common surname?" remarks on a complaint lodged by BJP MLA and former Gujarat minister Purnesh Modi. Gandhi made the alleged remarks while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.

The court of Chief Judicial Magistrate HH Varma had last week concluded hearing final arguments from both sides and set March 23 to pronounce its judgment in the four-year-old defamation case, Gandhi's lawyer Kirit Panwala had said.

''Truth is put to test and is harassed, but truth alone prevails. Several false cases have been filed against Gandhi, but he will emerge from all these. We will get justice,'' said senior Congress leader and MLA Arjun Modhwadia on Thursday.

Gandhi had last appeared before the Surat court in the case, filed under Indian Penal Code (IPC) sections 499 and 500 (dealing with defamation), in October 2021 to record his statement.

In his complaint, BJP MLA Purnesh Modi alleged that Gandhi, while addressing the poll rally in 2019, defamed the entire Modi community by purportedly saying, "How come all the thieves have Modi as the common surname?" Purnesh Modi was a minister in the first tenure of the Bhupendra Patel government. The ruling party legislator was re-elected from the Surat West Assembly seat in the December elections.

The final arguments resumed in the case last month after the Gujarat High Court vacated its stay on proceedings imposed on plea by the complainant demanding Gandhi's personal appearance.

The lawyer for the complainant argued that CDs and pen drive containing the materials on Gandhi's Kolar speech established the Congress MP indeed made the Modi surname remarks, and his utterances defamed the community.

Gandhi's lawyer has argued the court proceedings were "flawed" from the beginning as the procedure laid down under section 202 of the CrPC (Code of Criminal Procedure) was not followed. The CrPC section deals with postponement of issue of process.

The lawyer also argued that Prime Minister Narendra Modi, and not MLA Purnesh Modi, should have been the complainant in the case because the PM was the main target of Gandhi's speech.