Thread by @LawBeatInd

#GujaratHighCourt to shortly hear plea moved by Congress leader #RahulGandhi challenging the decision of the Sessions Court rejecting his plea for stay on his conviction in #DefamationCase over his #ModiSurname remark

Justice Hemant Prachchhak presiding the bench.
#RahulGandhi #DefamationCase #GujaratHighCourt

Hearing begins.

Justice Prachchhak: Before passing any order, I will go through the original records of the matter also. I will not be available here in India as I have to go out on May 4. I will be unable to pass any orders before that. After hearing all the parties, I will… twitter.com/i/web/status/1…

Counsel for Gandhi: Do we really need the records? Certain documents have already been produced by the respondents.

Justice Prachchhak: The documents were filed today only. They are not legible. Therefore, I need to go through the original records as well.

#RahulGandhi… twitter.com/i/web/status/1…

Justice Prachchhak: We conclude the hearing in the matter before I leave. For personal satisfaction, I need to go through the original records. If the arguments are concluded today, we can continue tomorrow.

#RahulGandhi #DefamationCase #GujaratHighCourt

Court orders the trial court to produce the original records of the matter before the high court on or before the 15th of May.
#RahulGandhi #DefamationCase #GujaratHighCourt #modisurname

Senior Advocate Nirupam Nanavati appears for complainant Purnesh Modi.

Nanavati: Much emphasis has been placed by the opposite counsel that the alleged offence is not serious. But it depends on two aspects- the sentence awarded and it's effect on the public at large.… twitter.com/i/web/status/1…

Nanavati: However, in the present matter, we look at Section 8(3) of the Representation of the People Act which provides for the disqualification of a member of Parliament on being awarded a sentence of two years. Therefore, as far as the seriousness of the offence committed by… twitter.com/i/web/status/1…

Nanavati: Subsection (3) is there in Section 8 of the RP Act to maintain the sanctity, dignity, and purity of the highest Constitutional body of our country. If any member is sentenced to suffer two years or more of imprisonment, a provision has been put there to disqualify him.… twitter.com/i/web/status/1…

Nanavati refers to the case of Lily Thomas vs Union of India case, wherein the Top Court struck down S. 8 (4) of the RP Act, which protected convicted lawmakers from disqualification.

#RahulGandhi #DefamationCase #GujaratHighCourt

Nanavati: Their main argument is that if conviction is not stayed they will not be able to contest the elections. I want to point out the utterances he (Rahul Gandhi) made which were heard by a live witness.

#RahulGandhi #DefamationCase #GujaratHC

Nanavati reads from the statement of the witness.

Nanavati: I am a Modi. His (Gandhi's) sentence covers all Modis therefore, I filed a complaint. Now, he says that he has been sentenced to suffer two years.

#RahulGandhi #DefamationCase #GujaratHighCourt

Nanavati now reads #RahulGandhi's statements he made after his disqualification.

Nanavati: The Congress leader said that his name is #Gandhi and not #Savarkar and Gandhis do not apologize. He also reportedly called the disqualification a gift. Then why now he is seeking… twitter.com/i/web/status/1…

Nanavati: His submissions before the court are entirely different. Here he is a crybaby. Do not make a hue and cry over the sentence awarded if in public you're making such statements.
#RahulGandhi #defamationcase #GujaratHighCourt #modisurname

Nanavati: After the complaint in the present matter, at least three more complaints have been filed against the Congress leader for his defamatory statements against #VeerSavarkar and other public figures.

#RahulGandhi #defamationcase #GujaratHighCourt #modisurname

Nanavati: Look at his conduct! The relief he is seeking is at the court's discretion. It is to be noted that he (#RahulGandhi ) never showed any remorse for his acts. He keeps making the same defamatory remarks. With this kind of attitude, does he deserve any relief?… twitter.com/i/web/status/1…

Nanavati refers to the order of the Supreme Court wherein Gandhi was warned by the top court to be more careful in the future while making public statements. The top court had pulled up Gandhi for his "Chowkidar hi Chor hai" statement.
#defamationcase #GujaratHighCourt… twitter.com/i/web/status/1…

Nanavati: The order of the trial court has been already challenged before the appellate court. Before the high court, they are not able to show any legal infirmity. They have to show why did they not raise all the present arguments before the appellate court?

#RahulGhandi… twitter.com/i/web/status/1…

Nanvati: They never said that I (Purnesh Modi) am not an aggrieved person in the present matter. Why did they not raise such points before the appellate court?

#RahulGhandi #DefamationCase #GujaratHighCourt

Nanavati: They're saying that there is no moral turpitude involved in the case. He called all Modis a thief. Coincidently, the #PrimeMinister of the country is also a #Modi. What message do you want to convey with such a statement before the large public?

#RahulGhandi… twitter.com/i/web/status/1…

Nanavati: I wanted to just point out that the offence committed by the Congress leader is a serious offence and it involved moral turpitude.

Nanavati concludes his arguments.

#RahulGandhi #DefamationCase #GujaratHighCourt

PP Mitesh Amin begins his argument and says that the duty of the lawmakers is to uphold the law but the present appellant himself is breaking the law which makes the case more serious.
#RahulGandhi #DefamationCase #GujaratHighCourt

Senior Advocate Abhishek Manu Singhvi appears on behalf of #RahulGandhi

Singhvi: Your lordship is dealing with a Sec. 389 CrPC plea which provides for suspension of sentence where extraordinary circumstances are there. The test here is extraordinary circumstances. Learned… twitter.com/i/web/status/1…

Singhvi: Except for the circumstances where the court would not 'normally' grant a suspension such as serious offences, offences of moral turpitude, all other cases are fit to be considered for suspension if there are extraordinary circumstances involved.
#DefamationCase… twitter.com/i/web/status/1…

Singhvi: Defamation is nowhere in the list of cases that have been considered serious or an offence involving moral turpitude. Defamation falls in the polar opposite category. However, here it is being treated as an unpardonable offence. Why?
#RahulGandhi… twitter.com/i/web/status/1…

Singhvi: How many serious offences have been made bailable? Defamation is a bailable offence. Clearly, the legislature thought it to be a low-category offence. Also, nowhere has been said to be an anti-societal offence.
#RahulGandhi #GujaratHighCourt #DefamationCase… twitter.com/i/web/status/1…

Singhvi: S. 389 is not filed to decide culpability. It is to be considered here whether a greater irreversible consequence is there because of the sentence. I have already missed the last session of Parliament. I will lose the opportunity to represent my people in the upcoming… twitter.com/i/web/status/1…

Singhvi: Can there be something more irreversible than a disqualification that robs you of a status of a parliamentarian. Here, the loss is three-fold. Apart from parliamentary sessions, I have missed meetings of Parliamentary Committees also which is a personal loss as I missed… twitter.com/i/web/status/1…

Singhvi: Here are two points to be considered— the balance of convenience and the irreversibility of the consequences. If ECI holds the bye-elections and someone else gets elected and I get acquitted in appeal. Can that be reversed?
#RahulGandhi #GujaratHighCourt #DefamationCase… twitter.com/i/web/status/1…

Singvi: There is another loss that will be caused to the public exchequer.
#RahulGandhi #GujaratHighCourt #DefamationCase

Singhvi: Kindly, now look at a few other things. There were no relevant prima facie findings that would disentitle me of stay on conviction as far as sessions court is concerned. The defamatory remark would be relevant if the complaint was made by any of the persons named. There… twitter.com/i/web/status/1…

Singhvi: Here, it needs to be seen whether a statement where no named person is a complainant is liable to be criminal defamation just because you're one amongst a group of 13 crores. A writ large error is apparent here.

#RahulGandhi #GujaratHighCourt #DefamationCase… twitter.com/i/web/status/1…

Singhvi: It is a purely speculative, hypothetical, incomplete allegation that is being made in the present matter.

Singvi concludes his arguments.
#RahulGandhi #GujaratHighCourt #DefamationCase #ModiSurname

Court passes orders.
#RahulGandhi #GujaratHighCourt #DefamationCase #ModiSurname

Court: No interim protection be granted at this stage. In the interest and fitness of the case, only after going through the records of the proceedings, final order can be passed. The matter is kept for the final verdict after reopening of the court post vacations.

#RahulGandhi… twitter.com/i/web/status/1…

BREAKING:[Defamation Case] Gujarat HC Denies Any Interim Protection To Rahul Gandhi; Final Verdict To Be Passed Post Vacations
@ISalilTiwari reports
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