No temporary relief for Rahul Gandhi in defamation case as Gujarat HC reserves order; court made remarks calling him a “motormouth” and a “law breaker”

The Gujarat High Court, on May 2, did not grant any temporary relief to Rahul Gandhi in his defamation case and reserved its order.

The Congress leader and disqualified MP had made a remark about the “Modi surname,” and during the hearing, Justice Hemant Prachchhak stated that it would be best to make a final decision in the interest of the case.

The court did not grant temporary protection to the disqualified MP and postponed the final judgment until after summer vacation. Justice Prachchhak stated that he would write the judgment during his vacation and issue it when he resumes office after June 4.

The MP had requested interim relief after being convicted of criminal defamation in March 2021 for comments made in April 2019 about individuals with the Modi surname. The case was transferred to Justice Prachchhak after Justice Gita Gopi recused herself. Punesh Modi’s lawyer argued that the severity of the offense and its impact on the victim and society should be considered.
According to Nanavati, Gandhi’s disqualification from the post of MP was a result of the legal judgment, not a decision made by either the court or the Parliament. The law mandates automatic disqualification of a lawmaker who is convicted and sentenced to two years, which is why Gandhi was disqualified.
Nanavati mentioned that the Supreme Court had invalidated a section of the Representation of People Act that safeguarded convicted legislators from being disqualified, in a case involving Lily Thomas and Union of India.
He also mentioned that the Congress government at that time had introduced an ordinance in opposition to the judgment, which Rahul Gandhi himself had torn. Nanavati said that had Rahul Gandhi not made that mistake of tearing the ordinance, he might have been able to avoid the current situation.
Nanavati referred to Gandhi as a “motormouth” and noted that he had previously engaged in similar behavior. Although the Supreme Court had warned him about his remarks in the “Chowkidar Chor hai” case, he continued to make comments that were deemed defamatory.
He pointed out that Rahul Gandhi had used disrespectful language towards Veer Savarkar on multiple occasions. As evidence, he referred to Gandhi’s statement in which he declared, “My name is Gandhi, and I am not Savarkar and won’t apologize.”

It is worth mentioning that allies of the Congress party have requested that he refrain from criticizing Savarkar in his speeches.
According to the Public Prosecutor Mitesh Amin, who was representing the Gujarat Government, the duty of lawmakers is to uphold the law, but the appellant in this case is not doing so and is actually breaking the law, which makes the case more serious. Furthermore, Amin stated that the legislator’s role is to create laws, which the appellant is failing to do.
Rahul Gandhi
Abhishek Manu Singhvi, a senior advocate, asked for temporary relief from the court, but his request was denied.

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