Purnesh Modi, the complainant who filed a defamation case against Congress leader Rahul Gandhi in Gujarat, has taken a preemptive step by filing a caveat in the Supreme Court. The move comes as a precautionary measure, in case Gandhi decides to appeal against the Gujarat High Court's verdict, which denied him relief in the defamation case.
The Gujarat High Court, in its judgment on July 7, refused to grant relief to Gandhi. The bench, led by Justice Hemant M Prachchhak, emphasized that individuals with the Modi surname and members of the Modi community constituted identifiable and well-defined classes. Therefore, the seriousness of Gandhi's offence was compounded by the fact that the defamation alleged was directed at a large and identifiable class, rather than an individual.
The high court order stated, "The conviction of the petitioner involves the impairment of the cherished fundamental right to dignity and reputation of a large segment of the population. The public standing of the petitioner and the fact that any utterance of the petitioner attracts large-scale publication gravely impairs and damages the reputation of the complainant and the identifiable class in question."
The bench also highlighted the importance of integrity in politics and emphasized the need for representatives of the people to have clear antecedents. It took note of other pending complaints against Gandhi, including one filed by Vir Savarkar's grandson in a Pune court.
In March 2023, Gandhi was convicted by a Surat city court in the criminal defamation case related to his alleged remarks on the 'Modi' surname. He received a two-year sentence, resulting in his disqualification as a Member of Parliament under the Representation of the People Act the following day. Gandhi sought a stay on his conviction from the sessions court, but his request was rejected on April 20. However, his sentence was suspended, and he was granted bail on the same day, enabling him to file an appeal against his conviction within 30 days.
Purnesh Modi's caveat filing indicates that he wants the Supreme Court to hear his side in case Gandhi appeals against the Gujarat High Court's decision. A caveat serves as a notice to the court that the opposing party may file a case and allows both sides to present their arguments before any order is passed.
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