Supreme Court Hearing Today: Hearing is going on in the Supreme Court on the petition of former Congress President Rahul Gandhi. Senior Advocate Abhishek Manu Singhvi presented arguments on behalf of Rahul Gandhi. Senior advocate Mahesh Jethmalani argued on behalf of complainant Purnesh Modi. On Rahul’s petition, a bench of Justice BR Gavai, Justice PS Narasimha and Prashant Kumar Mishra is hearing the former MP’s petition. Both the parties were given 15 minutes each by the court. The Supreme Court said that it is not about the rights of an individual, it is about the rights of a Member of Parliament. The judge of the trial court has given the maximum sentence, he will also have to explain the reason for it. In his judgement, the judge did not say anything on this. The SC said that if Rahul had been sentenced to 1 year and 11 months, he would not have been disqualified as an MP. Rahul challenges Gujarat High Court refusal to suspend sentence in ‘Modi surname’ defamation case. Stay tuned to NBT Online for every update related to today’s hearing in the Supreme Court.
What were the arguments put forth by Purnesh Modi?
- Senior Advocate Mahesh Jethmalani appeared for the complainant Purnesh Modi in the Rahul Gandhi defamation case. Jethmalani said that there is enough evidence.
- Jethmalani said that CD2 contains the authentic version of (Rahul’s) speech. The person who did the recording on the instructions of the Election Commission is a witness. The photographer holding the camera is also a witness.
- Jethmalani’s argument: What did he (Rahul) say? ‘Okay, a small question, the names of all these thieves, Modi, Modi, how are Modi… Lalit Modi, Nirav Modi… If you search a little more, all other Modis will come out.’ His intention was to insult everyone with the surname Modi because the Prime Minister also has the same surname.
- Justice Gavai said, ‘How many politicians would remember what they had said in previous rallies. Leaders do 10-15 rallies a day. Jethmalani said that when you are an accused, you have to read the charges. He (Rahul) is facing trial.
- Jethmalani: Disqualification on conviction is automatic and immediate. Now there is a demand to bring back what was taken away in the Lily Thomas case… In applications for stay of conviction, there has to be a very clear point.
- The Supreme Court said that it is not about the rights of an individual, it is about the rights of a Member of Parliament. The judge of the trial court has given the maximum sentence, he will also have to explain the reason for it. In his judgement, the judge did not say anything on this.
- Jethmalani said that the Supreme Court had also advised him (Rahul) in the Rafale case. On this, Justice Gavai smiled and said that if this decision had come earlier, he might have been more cautious.