JackSeal Posted March 27, 2023 Report Share Posted March 27, 2023 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 âwhy all thieves share the Modi surnameâ 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: âA 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 personâ. 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 Gandhiâs 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 âcriminalâ 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: âFirst 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 factâ. What Rahul Gandhi said was true and in public knowledge that Neerav Modi, Lalit Modi and Mehul Choksi ran away with peopleâs 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 didnât file the complaint. The complaint was filed BJP MLA Purnesh Modi whose name didnât 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 Magistrateâs 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: âWhoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with bothâ. 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 âmaximumâ sentence under the law. Incidentally, two years sentence is also the âminimumâ 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 wouldnât 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! Quote Link to comment Share on other sites More sharing options...
Popular Post ZoomNaidu Posted March 27, 2023 Popular Post Report Share Posted March 27, 2023 Ee yerrifukodu Pappu gaadu aa community ki oka  cheppey poyedhaaniki Political mileage kosam vaadukotam sarey, mee Slavery gaallu oodigam cheyatam sarey đđ»đđ»đđ» karma ra Babu meerento  mee vidhaanaalento đđ 3 Quote Link to comment Share on other sites More sharing options...
futureofandhra Posted March 27, 2023 Report Share Posted March 27, 2023 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 đđ»đđ»đđ» karma ra Babu meerento  mee vidhaanaalento đđ pushpams gave golden oppurtunity adhi kooda use chesukolekapothunnaru congi batch unfortunate that such useless opposition not good for desam Quote Link to comment Share on other sites More sharing options...
ZoomNaidu Posted March 27, 2023 Report Share Posted March 27, 2023 Arey aa Pappu badcow gaadu thappu chesthey meeru resign cheyatam endhi ra Slavery Sannaasulu kaakapothey đđ Emi @JackSeal & @bhaigan mee vonthu Annam thinamani maaram chesthaara endhi kompadheesi đđ 1 Quote Link to comment Share on other sites More sharing options...
ZoomNaidu Posted March 27, 2023 Report Share Posted March 27, 2023 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 đđ veedi thingarithanam tho veedey thechukunnaadu Quote Link to comment Share on other sites More sharing options...
futureofandhra Posted March 27, 2023 Report Share Posted March 27, 2023 24 minutes ago, ZoomNaidu said: Vaallu cheppinaara arey Pappu ga ittaanti statement ivvu ani đđ 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 Quote Link to comment Share on other sites More sharing options...
ZoomNaidu Posted March 27, 2023 Report Share Posted March 27, 2023 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 đđ ex: electricity gurinchi maatladithe g tho navvutharu Quote Link to comment Share on other sites More sharing options...
odhu_le_macha Posted March 27, 2023 Report Share Posted March 27, 2023 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 đđ»đđ»đđ» karma ra Babu meerento  mee vidhaanaalento đđ veedu em chesina pappu image podhu...vere leader ni pedithne congi survive ayyedi Quote Link to comment Share on other sites More sharing options...
ZoomNaidu Posted March 27, 2023 Report Share Posted March 27, 2023 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 đ 1 Quote Link to comment Share on other sites More sharing options...
odhu_le_macha Posted March 27, 2023 Report Share Posted March 27, 2023 1 minute ago, ZoomNaidu said: Gandhi Peru lekapothey vote kuda veyanu ani Vomerica lo vundey @JackSeal laantollu vunnaaru - Inka uneducated ayithe dhekanu kuda dheakaru đ ilanti Gandhi blind fans a kavali BJP win kavadankiđ 1 Quote Link to comment Share on other sites More sharing options...
VictoryTDP Posted March 27, 2023 Report Share Posted March 27, 2023 chuss 2024 elections taruvatha theerpu ravalsindi Quote Link to comment Share on other sites More sharing options...
bhaigan Posted March 28, 2023 Report Share Posted March 28, 2023 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 đđ»đđ»đđ» karma ra Babu meerento  mee vidhaanaalento đđ pedda bodi community adi vadu enduku  cheppali Rahul emanna sarvarkar aa  Quote Link to comment Share on other sites More sharing options...
bhaigan Posted March 28, 2023 Report Share Posted March 28, 2023 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 Quote Link to comment Share on other sites More sharing options...
futureofandhra Posted March 28, 2023 Report Share Posted March 28, 2023 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 Quote Link to comment Share on other sites More sharing options...
bhaigan Posted March 28, 2023 Report Share Posted March 28, 2023 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 Quote Link to comment Share on other sites More sharing options...
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