![High Court Hears Rahul Gandhi's Request In 'Modi Surname' Case: 10 Points High Court Hears Rahul Gandhi's Request In 'Modi Surname' Case: 10 Points](https://c.ndtvimg.com/2023-04/td0vmh_rahul-gandhi-pti_625x300_28_April_23.jpg)
After the court setback, Rahul Gandhi vacated his official residence in Delhi.
New Delhi:
The Gujarat High Court is hearing Congress leader Rahul Gandhi’s appeal challenging the court order convicting him of criminal defamation over his “Modi surname” remark.
Here are 10 points on this big story
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The case is being heard by a new judge of the Gujarat High Court after Justice Geeta Gopi recused herself from hearing the case by saying “not before me”.
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Justice Hemant Prachchhak has been assigned the matter after Justice Geeta Gopi recused herself from hearing.
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Senior lawyer Abhishek Manu Singhvi, appearing for Mr Gandhi, told the High Court that “Very serious ex-facie vitiatig factors of the trial raise grave apprehensions about the process of trial that led to the conviction.”
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Last month, the metropolitan magistrate’s court in Surat convicted Mr Gandhi of criminal defamation and sentenced him to two years in jail. The case was filed by Gujarat BJP MLA Purnesh Modi over Rahul Gandhi’s “Modi surname remark”.
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The two-year jail sentence was enough to bar Mr Gandhi from parliament. The law states that if a member is convicted of any offence for two or more years, his or her seat will be declared vacant. One can only stay in the parliament if the conviction is suspended.
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The Gujarat court granted him bail and gave him 30 days to file an appeal.
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In his appeal in the Surat court to freeze the conviction, Mr Gandhi said the court treated him harshly and was overwhelmingly influenced by his status as an MP.
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The judge disagreed with Mr Gandhi’s contention and said he had “Failed to that by not staying the conviction and denying an opportunity to contest the election, an irreversible and irrevocable damage will be caused to him”.
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After the court setback, Rahul Gandhi vacated his official residence in Delhi. The Lok Sabha Housing Committee had sent him a letter to vacate his 12, Tughlaq Lane bungalow, which he had since 2005.
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In 2019 while campaigning for the Lok Sabha elections, Rahul Gandhi had said “How come all thieves have the common surname Modi”, targeting the Prime Minister over his surname, which he shares with fugitive businessman Nirav Modi and Lalit Modi.