Rahul Gandhi conviction judgement analysis

[JackSeal]

The Court of Chief Judicial Magistrate, Mr. H.H Verma, in Surat District of Gujarat, has convicted Rahul Gandhi in a defamation case for his remarks “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019. It has sentenced him for 2 years.

Here are the major lacunae in the judgment.

1. Jurisdiction to be inquired before proceedings: 

Where a Magistrate receives a complaint of an offence of which he is authorized to take cognizance and the accused person is residing at a place beyond the territorial jurisdiction of the Magistrate, it is mandatory under Section 202 (1) of the Criminal Procedure Code for the Magistrate to first conduct an inquiry himself or direct an investigation to be made by a police officer or other person, before the issue of process against the accused, for the purpose of deciding whether or not there is sufficient ground for proceeding. 

Conducting an inquiry is mandatory, not a sweet will of the Magistrate. In the instant case, the speech by which Rahul Gandhi has allegedly committed crime of defamation was given in Kolar (Karnataka) and the accused (Rahul Gandhi) lives in Delhi. The Surat (Gujarat) Chief Judicial Magistrate had no apparent jurisdiction. 

He should have conducted an inquiry under Section 202 (1) of the Criminal Procedure Code before proceeding with the complaint. He did not and that is a material omission.

2. Defamation must be against specific persons: 

Section 499 of the Indian Penal Code (the law of defamation) under which Rahul Gandhi has been convicted, must harm the image of a specific person or persons, not a large segment of the population. Section 499 IPC reads as follows:

“A person or anyone, by his words either spoken or which shown as a clear intention to be read, or by signature or by any kind of representations which is visible, makes or publishes any charges or allegation which refers any person, intending to harm, or have the knowledge or having a reason to make believe that these kinds of the allegation will harm, the reputation or dignity of such person, is to be understood by, except in the case hereinafter expected to defame that person”.

In the instant case, the alleged defamation speech has alleged to have defamed the entire Modi community, not specific persons.

3. Only persons defamed can file a defamation case: 

The instant complaint was filed by BJP MLA and former Gujarat minister Purnesh Modi. Rahul Gandhi’s speech does not targets him. The speech targets Lalit Modi, Neerav Modi, Mehul Choksy, Narendra Modi. None of these people have filed the complaint.

4. Necessary to prove malafide intent in the defamation case: 

Section 499 of the IPC is for an offence of ‘criminal’ defamation. It requires that there is a malafide intent to cause harm to the image of a specific person(s). There was no such malafide intention in this case. The statement was made in a political rally in public interest in the context of price rises and unemployment.

5. Saying truth is an exception in a defamation offence: 

The first exception of Section 499 IPC reads as follows:

“First Exception-Imputation of truth which public good requires to be made or published. It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact”.

What Rahul Gandhi said was true and in public knowledge that Neerav Modi, Lalit Modi and Mehul Choksi ran away with people’s money. They are absconding from the country and pursued by Indian law enforcement agencies. Saying the truth cannot be defamation under law. 

And, most importantly, these persons didn’t file the complaint. The complaint was filed BJP MLA Purnesh Modi whose name didn’t figure in the speech. 

Important to note that the BJP filed this complaint for a speech against fraudsters that shows its alignment with them.

6. Staying Magistrate’s court proceedings by High Court at request of complainant: 

It is interesting that the complainant, BJP MLA Purnesh Modi, approached the Gujarat High Court to stay the proceedings of this case while the earlier Chief Judicial Magistrate was hearing. It was apparent from his questioning that as he was not convinced of the merits of the complaint. 

Later, the government/ BJP managed to transfer that truthful Magistrate and brought in a pliable magistrate. Once the pliable magistrate was in place, Purnesh Modi approached the High Court again and got the stay vacated which he himself had obtained. 

The stay was vacated in February this year. Next month in March this year, the Chief Judicial Magistrate passed this order of conviction.

Sounds familiar with Judge Loya case? The modus operandii of BJP is so predictable. Fortunately, in this case the earlier magistrate was only transferred. 

7. Maximum Sentence: 

Section 500 IPC under which Rahul Gandhi has been sentenced reads as follows:

“Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both”.

So, the maximum punishment for defamation is a simple imprisonment for a term that may extend up to two years. And the magistrate decided to give the ‘maximum’ sentence under the law. 

Incidentally, two years sentence is also the ‘minimum’ sentence required for the disqualification of a Member of Parliament. If the Magistrate had given one year sentence or anything less than two years, Rahul Gandhi wouldn’t have been disqualified as a Member of Parliament. 

If anyone after reading above thinks that the conviction, quantum of sentence, and disqualification was not done with an intent disqualify Rahul Gandhi is either ignorant or biased. 

Script of this case proceeding was written with the political objective., that will certainly backfire!

[ZoomNaidu]

Ee yerrifukodu Pappu gaadu aa community ki oka  cheppey poyedhaaniki Political mileage kosam vaadukotam sarey, mee Slavery gaallu oodigam cheyatam sarey 🙏🏻🙏🏻🙏🏻

karma ra Babu meerento  mee vidhaanaalento 😇😇

[futureofandhra]

4 minutes ago, ZoomNaidu said:

Ee yerrifukodu Pappu gaadu aa community ki oka  cheppey poyedhaaniki Political mileage kosam vaadukotam sarey, mee Slavery gaallu oodigam cheyatam sarey 🙏🏻🙏🏻🙏🏻

karma ra Babu meerento  mee vidhaanaalento 😇😇

pushpams gave golden oppurtunity 

adhi kooda use chesukolekapothunnaru congi batch

unfortunate that such useless opposition  not good for desam 

[ZoomNaidu]

Arey aa Pappu badcow gaadu thappu chesthey meeru resign cheyatam endhi ra Slavery Sannaasulu kaakapothey 😂😂

Emi @JackSeal & @bhaigan mee vonthu Annam thinamani maaram chesthaara endhi kompadheesi 😂😂

[ZoomNaidu]

1 minute ago, futureofandhra said:

pushpams gave golden oppurtunity 

adhi kooda use chesukolekapothunnaru congi batch

unfortunate that such useless opposition  not good for desam 

Vaallu cheppinaara arey Pappu ga ittaanti statement ivvu ani 😂😂 

veedi thingarithanam tho veedey thechukunnaadu 

[futureofandhra]

24 minutes ago, ZoomNaidu said:

Vaallu cheppinaara arey Pappu ga ittaanti statement ivvu ani 😂😂 

veedi thingarithanam tho veedey thechukunnaadu 

he could have turned it against pushpams by fighting on public issues

avvi vadelesi as usual self goal with personal agenda

[ZoomNaidu]

31 minutes ago, futureofandhra said:

he could have turned it against pushpams by fighting on public issues

avvi vadelesi as usual self goal with personal agenda

Kadupu sinchukuntey Kaalla meedha paduthundhi anukunnaademo- va Vongify party chesina disasters attaantivi 😂😂

ex: electricity gurinchi maatladithe g tho navvutharu 

[odhu_le_macha]

1 hour ago, ZoomNaidu said:

Ee yerrifukodu Pappu gaadu aa community ki oka  cheppey poyedhaaniki Political mileage kosam vaadukotam sarey, mee Slavery gaallu oodigam cheyatam sarey 🙏🏻🙏🏻🙏🏻

karma ra Babu meerento  mee vidhaanaalento 😇😇

veedu em chesina pappu image podhu...vere leader ni pedithne congi survive ayyedi

[ZoomNaidu]

Just now, odhu_le_macha said:

veedu em chesina pappu image podhu...vere leader ni pedithne congi survive ayyedi

Gandhi Peru lekapothey vote kuda veyanu ani Vomerica lo vundey @JackSeal laantollu vunnaaru - Inka uneducated ayithe dhekanu kuda dheakaru 😂

[odhu_le_macha]

1 minute ago, ZoomNaidu said:

Gandhi Peru lekapothey vote kuda veyanu ani Vomerica lo vundey @JackSeal laantollu vunnaaru - Inka uneducated ayithe dhekanu kuda dheakaru 😂

ilanti Gandhi blind fans a kavali BJP win kavadanki😀

[VictoryTDP]

chuss 2024 elections taruvatha theerpu ravalsindi 

[bhaigan]

5 hours ago, ZoomNaidu said:

Ee yerrifukodu Pappu gaadu aa community ki oka  cheppey poyedhaaniki Political mileage kosam vaadukotam sarey, mee Slavery gaallu oodigam cheyatam sarey 🙏🏻🙏🏻🙏🏻

karma ra Babu meerento  mee vidhaanaalento 😇😇

pedda bodi community adi

vadu enduku  cheppali Rahul emanna sarvarkar aa

 

[bhaigan]

5 hours ago, futureofandhra said:

pushpams gave golden oppurtunity 

adhi kooda use chesukolekapothunnaru congi batch

unfortunate that such useless opposition  not good for desam 

meedi meeru chuskondi bhayya enduku ithurala G lo velu petti tavvutharu

kotha di emanna chepthunnara ante em ledu ade same dialogues 

[futureofandhra]

7 minutes ago, bhaigan said:

meedi meeru chuskondi bhayya enduku ithurala G lo velu petti tavvutharu

kotha di emanna chepthunnara ante em ledu ade same dialogues 

pushpams batch ki antha supporting ivvali anukuntey keep doing but desam needs opposition 

pushpams are doing some mad decisions as if its their kingdom 

why congi instead of making big movement on pushpma failures highlighting rahul arrrest its just trap to deviate other issues

[bhaigan]

6 minutes ago, futureofandhra said:

pushpams batch ki antha supporting ivvali anukuntey keep doing but desam needs opposition 

pushpams are doing some mad decisions as if its their kingdom 

why congi instead of making big movement on pushpma failures highlighting rahul arrrest its just trap to deviate other issues

pushpams batch ki support aa ?

what support ?

nuvvu soya lo ne undi matladuthunava

nuvvu pichi pichi ga matladuthunnav anni neeke telisnatlu , BJP bought entire Indian media you are not realizing it 

Rahul arrest trap ? Rahul is ready any consequence how come it is trap man

Do you know other issues which is getting deviated Adani Scam, BJP using same Adani money for winning each elections