Rahul Gandhi conviction judgement analysis

[futureofandhra]

Just now, bhaigan said:

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

media ni buy chesthey social media endhuku vundhi 

vadukovali man burra petti 

lol inka scams loney agipoyara public does not care about scams inka eppudu relaity ki vastharu

congi literally failed to expose mp vyapam scam 

ippudu ee adani scam public care cheyaru

[bhaigan]

13 minutes ago, futureofandhra said:

media ni buy chesthey social media endhuku vundhi 

vadukovali man burra petti 

lol inka scams loney agipoyara public does not care about scams inka eppudu relaity ki vastharu

congi literally failed to expose mp vyapam scam 

ippudu ee adani scam public care cheyaru

social media tho anni ayipothadi anni oka dream land lo unnav

em vadukovali bhayya

mee sendraal saar conspiracies ni vadukovala, that will be the last option any political party will do

enduku care cheyaru le kani meedi meeru chuskondi better

[ZoomNaidu]

27 minutes ago, bhaigan said:

pedda bodi community adi

vadu enduku  cheppali Rahul emanna sarvarkar aa

 

Nee modd@lo Slaverism kosam Modi meedha hatred vaalla community meedha mottham chupisthunnaav - em slaverism Idhi ?? 
 

Pappu gaadantey yerrifukodu, nuvvu kuda adhe Baata padithey yetta ? Vomerica lo untunnaav Inka Slaverism nunchi bayataki raakapothey yetta ga seppu 😂😂

[bhaigan]

29 minutes ago, ZoomNaidu said:

Nee modd@lo Slaverism kosam Modi meedha hatred vaalla community meedha mottham chupisthunnaav - em slaverism Idhi ?? 
 

Pappu gaadantey yerrifukodu, nuvvu kuda adhe Baata padithey yetta ? Vomerica lo untunnaav Inka Slaverism nunchi bayataki raakapothey yetta ga seppu 😂😂

Nuvvu chesthunnav adhi palletooru baithu ga

edi emanna dora la rajyam aa nee banchan dora  ani cheppadani ki

rahul chesina arguments ki community ki sambandam ae ledu

[bhaigan]

 

 

[bhaigan]

Rahul edi adigithe they linked it to community ?

answer chese dammu ledu malli Sorry cheppali anta

[Spartan]

28 minutes ago, bhaigan said:

Rahul edi adigithe they linked it to community ?

answer chese dammu ledu malli Sorry cheppali anta

@bhaigan  inka nuvvu case denik teluskole anukunta...

FYI...this is the video why he was arrested...

Hindi ardham avvakapote ....lite.

 

[ZoomNaidu]

5 minutes ago, Spartan said:

@bhaigan  inka nuvvu case denik teluskole anukunta...

FYI...this is the video why he was arrested...

Hindi ardham avvakapote ....lite.

 

Antha ingitha gnanam vuntey Slaverism lo endhukuntaadu 😂😂

[futureofandhra]

1 hour ago, bhaigan said:

social media tho anni ayipothadi anni oka dream land lo unnav

em vadukovali bhayya

mee sendraal saar conspiracies ni vadukovala, that will be the last option any political party will do

enduku care cheyaru le kani meedi meeru chuskondi better

kodi kathi 

babai goddali consiricies gurinchi jaffas endhuku oppukuntaru ley 

[bhaigan]

1 hour ago, Spartan said:

@bhaigan  inka nuvvu case denik teluskole anukunta...

FYI...this is the video why he was arrested...

Hindi ardham avvakapote ....lite.

 

nenu chusanu ee video 

tappu ga asalu matladaledu

ila ethukunte Nehru gurunchi, Gandhi family gurunchi konni vela sarlu boothulu mataldaru BJP MP's

Assam CM ayithe red line daati peaks of boothu statements ichadu mari ayanni bartraf cheddam aa

edi emanna racharikram anukuntunda BJP nee banchan dora annaniki

Rahul ni disqualify chesindi deeniki kadu monna British parliament lo oka tellodu what is RSS ante secret society ani nijam cheppinanduku, Tello la ki India lo politics ela naduthayo asalu telvadu kada, Rahul velli nijalu cheppadam modatletadu like  India lo RSS lanti secret society lu naduthayi ani 

[bhaigan]

53 minutes ago, futureofandhra said:

kodi kathi 

babai goddali consiricies gurinchi jaffas endhuku oppukuntaru ley 

nuvvu prathi dani ki jaffa anukunte nee karma

edo zone lo nundi edo oohinchikuntunnav

[pakeer_saab]

On 3/26/2023 at 9:25 PM, JackSeal said:

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!

same script higher court lo vadukunte poddi kada.

[Spartan]

21 minutes ago, bhaigan said:

nenu chusanu ee video 

tappu ga asalu matladaledu

ila ethukunte Nehru gurunchi, Gandhi family gurunchi konni vela sarlu boothulu mataldaru BJP MP's

Assam CM ayithe red line daati peaks of boothu statements ichadu mari ayanni bartraf cheddam aa

edi emanna racharikram anukuntunda BJP nee banchan dora annaniki

Rahul ni disqualify chesindi deeniki kadu monna British parliament lo oka tellodu what is RSS ante secret society ani nijam cheppinanduku, Tello la ki India lo politics ela naduthayo asalu telvadu kada, Rahul velli nijalu cheppadam modatletadu like  India lo RSS lanti secret society lu naduthayi ani 

ila ethukunte Nehru gurunchi, Gandhi family gurunchi konni vela sarlu boothulu mataldaru BJP MP's -> Modi gurinchi chor annaduku jail lo veyyale...

Modi community (surname unna vallu andaru dongalu annadu..vallu case esi mingaru....not because he said PM Modi...)

@bhaigan

same Nehru ni BJP vallu ....annatu...PM modi chowidar chor hai annapudu case evvar veyyale....

 

[futureofandhra]

36 minutes ago, bhaigan said:

nuvvu prathi dani ki jaffa anukunte nee karma

edo zone lo nundi edo oohinchikuntunnav

Lekapothey cbn conspiracy comedy enti man 

[bhaigan]

50 minutes ago, Spartan said:

ila ethukunte Nehru gurunchi, Gandhi family gurunchi konni vela sarlu boothulu mataldaru BJP MP's -> Modi gurinchi chor annaduku jail lo veyyale...

Modi community (surname unna vallu andaru dongalu annadu..vallu case esi mingaru....not because he said PM Modi...)

@bhaigan

same Nehru ni BJP vallu ....annatu...PM modi chowidar chor hai annapudu case evvar veyyale....

 

Rahul ni disqualify reason adi kadu le bhayya

first modi ni veyyali jail lo CM ga unnapudu ilanti statements chala ichadu