Advocate Harshit Tolia representing Purnesh Modi, had argued that losing ones job was no ground for the court to exercise it’s extraordinary and discretionary powers to suspend the sentence.
Tolia urged the court to consider the gravity of the offence as it was committed by a sitting Member of Parliament.
In his submissions, Tolia emphasised on the “arrogance” of Gandhi and the fact that he has not apologised over his statements yet.
“Gandhi’s conduct deserves no sympathy and his sentence shouldn’t be suspended. He isn’t saying a sorry. This is his arrogance he can’t say a sorry. He is such a tall leader. Such a big personality, he can’t say a sorry but only shows arrogance. He isn’t entitled to any relief at this stage,” it was vehemently contended.
Tolia also highlighted how Gandhi had brought with him other Congress leaders while filing his appeal.
“He is bringing legislators to the Court. They are showing the public that yes we are legislators and we are supporting our leader. Legislators must understand that they are first the servants of the public then their party and then their leader. If you want to support your leader and stand in solidarity with him then better resign from your post and then support him everywhere,” it was submitted.
Tolia further said that part of the speech against ‘Modi surname’ was what hurt his client.
“In his speech, he spoke of PM Modi but didn’t stop there and went beyond it. He has said, ‘Saare choron ka naam Modi Modi Modi hi kyu hai? Dhoondo aur bhi Modi milenge’. My client is hurt by this part of the speech thus the complaint,” Tolia stated.
Tolia also justified the maximum punishment imposed on Gandh by the trial court,
“First is he was conscious as he was addressing the rally. He addressed PM Modi and was so childish that he wasn’t aware that referring to Modi surname would mean all the Modis?” Tolia submitted.
He also said that an MP does not deserve any special treatment.
“Suppose one doctor is convicted, the medical council will act against him. If a lawyer commits an misconduct his Sanad will go. Similarly, if an MP is convicted he will be disqualified. What is so special or exceptional in this case,” Tolia asked.
Countering the submissions, Cheema had clarified that his client cannot be pressurised to apologise and the same cannot be a pre-condition for hearing of the appeal.
Source: Barandbench
