'Modi surname' case: Rahul Gandhi sentenced to two years in jail, has 30 days to appeal

SURAT: Congress leader Rahul Gandhi has been convicted by a District Court here on Thursday in a 2019 criminal defamation case filed against him over his alleged 'Modi surname' remark. 

The Congress leader was sentenced to two years in prison and fined one thousand rupees after the court found him guilty under IPC sections 499 and 500. The Court also granted him bail and suspended the sentence for 30 days, allowing him to appeal in a higher court.

As per the Representation of the People Act, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time. Gandhi was present in the court when the verdict was pronounced.

ALSO READ | 'Modi surname' case: AAP backs Rahul; Kejriwal claims 'conspiracy' against non-BJP leaders

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

WATCH |

During the hearing, Rahul said, “My intention was not wrong, I raised my voice against corruption,” while his lawyer Kirit Panwala stated: "We will file an appeal with the Supreme Court. We will appeal the court's decision in this case because there has been no loss or defamation to society or the community."

The prosecution's attorney contended that lawmakers themselves cannot be excused if they break the law. Rahul Gandhi should be disciplined.

BJP leader Purnesh Modi who filed a complaint said after the verdict "We welcome the court's verdict, The Congress leader who irresponsibly tried to defame the entire Community must be punished."

The final arguments from both sides were heard by the court of Chief Judicial Magistrate HH Varma last Friday, and the date of the judgment's announcement was set for March 23. The final arguments resumed in February after the Gujarat HC had vacated its stay on proceedings imposed on a plea by the complainant demanding Gandhi's personal appearance.

ALSO READ | 'Modi surname' case: Rahul reacts to guilty verdict, quotes Gandhiji in tweet

Throughout the case's hearing, Rahul Gandhi was present in the courtroom three times. His most recent court appearance was in October 2021, during which he entered a 'not-guilty' plea.

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?"

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.

ALSO READ | 'Modi surname' case: Rahul punished for speaking truth, says Congress

Meanwhile, Rahul's lawyer had argued that 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 the postponement of the issue of process.

The lawyer had 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.

(With inputs from PTI)