The reply was filed in response to the a plea by Gandhi seeking stay on the conviction and two-year jail term imposed on him by a Magistrate court in Gujarat’s Surat.
The now disqualified parliamentarian was convicted by the Magistrate court on March 23 for his remark that he had made at an election rally in Karnataka’s Kolar constituency, in 2019.
Gandhi had, in his speech linked Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi.
He had said,
“Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have ‘Modi’ as a common surname?”
The proceedings in the instant case arose after Purnesh Modi, a former BJP Member of Legislative Assembly (MLA), had taken exception to the the remarks in question, claiming that Gandhi humiliated and defamed persons with the Modi surname.
The magistrate court accepted the contention of Modi that by his speech, Gandhi has intentionally insulted the people with a ‘Modi’ surname.
A sessions court in Surat had, on April 20, dismissed Gandhi’s plea seeking suspension of his conviction by the Magistrate court.
Gandhi then moved the High Court which too refused to stay the judgment leading to the present appeal before the top court.
The Supreme Court had earlier this month issued notice on the plea and the sought the response of Modi and the Gujarat government.
Source: Barandbench
