Thread by @LiveLawIndia

#GujaratHighCourt beings hearing the criminal revision plea filed by Congress leader Rahul Gandhi (@RahulGandhi) seeking a stay on his conviction in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in 2019.

Senior Advocate Nirupam Nanavaty appears for Complainant-Purnesh Modi before the bench of Justice Hemant M. Prachchhak. #GujaratHighCourt #DefamationCase #RahulGandhi #Defamation #ModiSurname twitter.com/i/web/status/1…

In the earlier hearing of the case, Senior Advocate Abhishek Singhvi (@DrAMSinghvi) appeared on behalf of Rahul Gandhi.

The details of his arguments could be read here:

#DefamationCase #GujaratHighCourt #DefamationCase #RahulGandhi #ModiSurname

livelaw.in/high-court/guj… twitter.com/i/web/status/1…

Senior Advocate Nirupam Nanavaty (for Complainant-Purnesh Modi): The seriousness of offences, sentence is not to be seen at this stage. Disqualification (of Gandhi) due to the operation of law.

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

Meanwhile, Justice Hemant passes an order directing the trial court to place before him, the original Record and the Proceedings of the case.

#DefamationCase #GujaratHighCourt #Defamation #RahulGandhi #ModiSurname

Sr. Adv. Nanvaty: Rahul Gandhi has not been disqualified by the Court. The disqualification occurred due to the operation of a law made by the Parliament itself.

#DefamationCase #GujaratHighCourt #Defamation #RahulGandhi #ModiSurname

Sr. Adv. Nanvaty: Their (Gandhi's) main submission is that he would be out of a political career for 8 years.

#DefamationCase #GujaratHighCourt #Defamation #RahulGandhi #ModiSurname

Sr. Adv. Nanvaty reads out the statement of Rahul Gandhi made at Kolar as heard by a prosecution witness.

#DefamationCase #GujaratHighCourt #Defamation #RahulGandhi #ModiSurname

Sr. Adv. Nanvaty reads out a news report concerning a press conference conducted by Gandhi wherein he allegedly that I am Gandhi, not Savarkar and won't apologise and this (conviction) was the best gift

#DefamationCase #GujaratHighCourt #Defamation #RahulGandhi #ModiSurname

Sr. Adv. Nanavaty: He (Rahul Gandhi) said that he is not scared of sentence, prison, and that he is not going to back down even if disqualified for the rest of his life. This is his public stand.

#DefamationCase #GujaratHighCourt #Defamation #RahulGandhi #ModiSurname

Sr. Adv. Nanavaty: But his stand before the Court here is different. If this is your stand, then don't come here in Court with your prayers. He should not be a cry baby. Either stick to your stand made in public or say that your intention was something else.

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

Sr. Adv. Nanavaty: Once the law disqualifies you, a person cannot argue against it. A conviction can be stayed only in the rarest cases under S. 389 (1) CrPC. It is a discretionary relief.

#DefamationCase #GujaratHighCourt #Defamation #RahulGandhi #ModiSurname

Sr. Adv. Nanavaty: In all 12 cases are against him of Defamation, I am not talking about National Herald. There are other complaints against him concerning Savarkar (filed by Savarkar's kin) in Pune Court.

More details here: livelaw.in/news-updates/v…

Sr. Adv. Nanavaty: He is the leader of a National Political Party which has ruled the country for 40 years, but if he is making such statements, then he must be taught a lesson. He did not even say sorry No explanation was given by him. Nothing.

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

Sr. Adv. Nanavaty (for complainant-Purnesh Modi): If you don't want to apologise, don't apologise, it is your right, but then why this hue and cry?

#Defamation #RahulGandhi #GujaratHighCourt #DefamationCase

Sr. Adv. Nanavaty (for complainant-Purnesh Modi): A complaint has also been moved against him before Lucknow Court way before he was convicted.

#Defamation #RahulGandhi #GujaratHighCourt #DefamationCase #ModiSurname

Sr. Adv. Nanavaty now reads the remarks made by the #SupremeCourt asking Rahul Gandhi to be careful in his conduct in connection with #Rafale Review & Contempt Petition

#Defamation #GujaratHighCourt #DefamationCase #ModiSurname

More details: livelaw.in/top-stories/ch…

Sr. Adv. Nanavaty: This is not the first application filed by Gandhi before the Court for a stay on his conviction, it came first before the Appellate Court (Sessions Court Surat), and the said court has already adjudicated upon the same by rejecting the same.

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

Sr. Adv. Nanavaty: I (Purnesh Modi) am an aggrieved person in this case.

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Nanavaty: Much emphasis was laid upon 'Moral Turpitude'. When you say all Modi are thieves, is it not moral turpitude? What message are you giving to the word? ...

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Nanavaty: ...That an opposition leader of India brands his Prime Minister as a thief before thousands of people, is it the language?

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Nanavaty: The offence is serious, the Parliament also says so. It is moral turpitude. His application for a stay on conviction should not be allowed. The application should be rejected.

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Nanavaty: After Lily Thomas's Judgment, there was a bill introduced in the Parliament concerning 8 (4) of the Representation of People Act which gave convicted lawmakers a 3 month reprieve to retain their seats

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

Sr. Adv. Nanavaty: But the applicant (@RahulGandhi) himself tore the ordinance as reported by media reports.

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Nanavaty (for complainant-Purnesh Modi) concludes his argument.

Now, Senior Advocate Abhishek Singhvi (@DrAMSinghvi) begins his arguments (rejoinder) on behalf of Rahul Gandhi.

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Abhishek Singhvi (for Rahul Gandhi): The test for staying the conviction under Section 389 (1) CrPC is extraordinary circumstances.

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Abhishek Singhvi: Section 389 CrPC doesn't deal with a person being guilty or not. But it is about the balance of convenience. Defamation is being treated as an unpardonable offence here.

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Abhishek Singhvi: Irreversibility of the situation has to be seen. An elected person loses the right to be a representative of the people, which is irreversible. He will lose the next session, meetings, etc.
#Defamation #DefamationCase #ModiSurname #GujaratHighCourt… twitter.com/i/web/status/1…

Sr. Adv. Abhishek Singhvi: There is a loss to him, he loses the right to represent the voice of people. The people of the constituency lose their voice. The entire right of collectivity "we the people" is lost.

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

Sr. Adv. Abhishek Singhvi: If meanwhile, the election commission conducts a by-election, I can not contest, someone else fights and wins, can we unseat him? No.

But then if I am acquitted afterwards, then?

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Abhishek Singhvi: There will be a loss of public exchequer.

#Defamation #DefamationCase #ModiSurname #GujaratHighCourt #RahulGandhi

Sr. Adv. Abhishek Singhvi now cites the 2014 Judgment of the #SupremeCourt in State Of Rajasthan vs Salman Salim Khan

"If the court comes to a definite conclusion that the irreversible consequences/injustice would cause to the accused which could not be restored, it was well… twitter.com/i/web/status/1…

Sr. Adv. Abhishek Singhvi now cites 2007 Judgment of #SupremeCourt Navjot Singh Sidhu vs State Of Punjab & Anr

"it is not possible to hold, as a matter of rule, or, to lay down, that in order to prevent any person who has committed an offence from entering the Parliament or the… twitter.com/i/web/status/1…

Sr. Adv. Abhishek Singhvi: Court may think that if my conviction is stayed it would activate my office (of MP) which was misused, but it is not the case with me as even if my MP seat is reactivated after my conviction is stayed, then there is no occasion for me to repeat the… twitter.com/i/web/status/1…

Sr. Adv. Abhishek Singhvi: A speech given during the election campaign will attract Article 19 (1) (a) of the Constitution with fuller powers.

#ModiSurname #Defamation #DefamationCase #RahulGandhi #GujaratHighCourt

Sr. Adv. Abhishek Singhvi: A political personality has to be thick skin. The complainant says he is an ex-minister in the state, involved in public life, then he must be of thick skin.

#ModiSurname #Defamation #DefamationCase #RahulGandhi #GujaratHighCourt

Sr. Adv. Abhishek Singhvi: He (Complainant) has only this case - I have Modi surname, I form part of 13 crore people, this statement hurt me- this is his only case. But the community is not an identifiable class.

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

Sr. Adv. Abhishek Singhvi: The trial court relied upon the evidence of a magic witness (named Yaji) who appeared before the Court after more than two years of the filing of the complaint.

#ModiSurname #Defamation #DefamationCase #RahulGandhi #GujaratHighCourt

Sr. Adv. Abhishek Singhvi: He says that he is a strong pillar of the BJP, the Court's findings are based on the evidence Yaji. All boils down to Yaji.

#ModiSurname #Defamation #DefamationCase #RahulGandhi #GujaratHighCourt

Sr. Adv. Abhishek Singhvi: Documentary evidence was out, Yaji was in, and credibility was zero. Trial Court denied me relief relying upon Yaji then how can Documentary evidence be brushed aside?

#ModiSurname #Defamation #DefamationCase #RahulGandhi #GujaratHighCourt

Sr. Adv. Abhishek Singhvi: I am yet to find a conviction in a Defamation case, even if there are such convictions, 3-6 months of punishment is given. I (Rahul Gandhi) am a first-time offender and was awarded the maximum punishment for a bailable, non-cognizable offence, which is… twitter.com/i/web/status/1…

Sr. Adv. Abhishek Singhvi: The jurisdictional error is that the Trial Court says I (Gandhi) was warned by the Supreme Court in the #RafaleCase.

#ModiSurname #RahulGandhi #GujaratHighCourt #DefamationCase #Defamation

Sr. Adv. Abhishek Singhvi seeks interim protection in the matter.

#ModiSurname #RahulGandhi #GujaratHighCourt #DefamationCase #Defamation

#BREAKING: Justice Hemant refuses to grant any interim protection to Rahul Gandhi. Reserves verdict on his plea for a stay on Conviction. Decision to come out post vacation

#ModiSurname #RahulGandhi #GujaratHighCourt #DefamationCase #Defamation