Congress leader and former MP Rahul Gandhi has reiterated his stance of innocence in the criminal defamation case filed against him over his "why all thieves share Modi surname" remark. In his latest affidavit filed before the Supreme Court, Gandhi maintained that there was no need for him to apologize for the controversial statement.
In response to the complainant, BJP MLA Purnesh Ishwarbhai Modi, calling him "arrogant" for not showing remorse and apologizing, Gandhi stated that he has always maintained his innocence. He asserted that the conviction was unsustainable, and if he had to apologize and compound the offence, he would have done it earlier. Gandhi further accused the complainant of trying to "arm-twist" him into apologizing, which he considered a gross abuse of the judicial process.
Criminal defamation, Gandhi argued, is not an offence involving moral turpitude. He pointed out that defamation is just one of the 22 offences under the Indian Penal Code (IPC), and it attracts only simple imprisonment, making it bailable, non-cognizable, and compoundable. Gandhi emphasized his role as a Parliamentarian and opposition leader, stressing that he must critically evaluate the conduct of the ruling establishment. He urged the Court to consider the exceptional factors of awarding him the maximum punishment and consequent disqualification as an MP while deciding on staying his conviction.
Gandhi also raised concerns about an oral witness presented in the case, stating that the witness was not mentioned in the complaint and was unknown to him. He suspected potential bias as the witness allegedly has strong ties with a political rival party.
Regarding the electronic evidence presented against him, Gandhi pointed out that the CDs were not attached to the complaint and lacked proper sealing, raising doubts about their authenticity.
The controversy stems from Gandhi's remark during a political rally in Karnataka's Kolar in 2019, where he questioned why all thieves had the surname "Modi." This led to a defamation complaint filed by BJP MLA Purnesh Ishwarbhai Modi. In March of this year, a local court in Surat convicted Gandhi and sentenced him to two years imprisonment, disqualifying him as a Lok Sabha member under the Representation of the People Act.
Despite Gandhi's numerous attempts to challenge the conviction and seek a stay, the sessions court dismissed his application, and the Gujarat High Court declined his plea for a stay on the conviction. Finally, he moved the Supreme Court, where the matter is scheduled for a hearing on August 4.
In a separate defamation complaint pertaining to alleged remarks against Prime Minister Narendra Modi in 2018, the Bombay High Court extended interim relief to Rahul Gandhi from appearing before a local court until September 26. The complainant, claiming to be a BJP worker, had alleged that Gandhi's "commander-in-thief" remark regarding the Rafale fighter jet deal amounted to defamation.
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