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Modi Surname Defamation Case: Gujarat HC Rejects Stay On Rahul Gandhi’s Conviction, Congress Leader Remains Disqualified From Lok Sabha

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Gujarat: In a major setback to Congress leader Rahul Gandhi, the Gujarat High Court rejected his plea for an interim stay against conviction in connection with the Modi surname defamation case. This result has affected Congress party adversely as Gandhi will not be able to contest elections or seek revocation of the suspension of his status as a Member of Parliament (MP). However, he can appeal the High Court order in Supreme Court.

What did the Court Say?

Gujarat High Court during the hearing stated that the Trial Court conviction order is proper and there is no need to interfere with the said order. Therefore, the application is dismissed. The Court further noted that at least 10 criminal cases are pending against Rahul Gandhi.

Earlier in May, Justice Prachchhak, while hearing Gandhi’s plea, had refused to grant any interim relief saying it will pass a final order after the summer vacation, which ended three weeks back.

During a hearing on April 29, Gandhi’s lawyer had argued that a maximum punishment of two years for a bailable, non-cognisable offence meant his client could lose his Lok Sabha seat “permanently and irreversibly”, which was a “very serious additional irreversible consequence to the person and the constituency he represents”.

Surat Court Sentenced 2-year Jail to Gandhi On March 23

A metropolitan magistrate’s court in Surat sentenced the former Congress president to two years in jail on March 23 after convicting him under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation) in a 2019 case filed by Bharatiya Janata Party MLA Purnesh Modi.

Following the verdict, Gandhi, elected to the Lok Sabha from Wayanad in Kerala, was disqualified as MP under the provisions of the Representation of the People Act.

Rahul Gandhi Moved HC After Surat Court Rejected Stay On Conviction

Gandhi challenged the order in a sessions court in Surat along with an application seeking a stay on the conviction. While granting him bail, the court, on April 20, refused to stay the conviction, after which he approached the high court.

Surat West MLA Purnesh Modi filed a criminal defamation case against Gandhi over his “how come all thieves have Modi as the common surname?” remark made during an election rally at Kolar in Karnataka on April 13, 2019.

Crime

RG Kar rape-murder: Calcutta HC seeks CBI’s response on plea for fresh probe 

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Kolkata, Dec 19: The Calcutta High Court on Thursday sought the response of the Central Bureau of Investigation (CBI) on the plea filed earlier in the day, seeking a fresh probe in the ghastly rape and murder of a junior woman doctor of state-run R.G. Kar Medical College & Hospital in Kolkata within the hospital premises in August.

In their petition, the victim’s parents have claimed that they are highly unsatisfied with the present course of investigation by the CBI in the matter, a single-judge bench of Justice Tirthankar Ghosh has directed the central agency to submit its point of view on the matter to the court.

The next hearing on the matter has been scheduled for December 24 and before that, the CBI will have to submit its response and report to Justice Ghosh’s bench.

According to the parents, since the trial process in the matter has already started and the statements of the witnesses are being recorded, unless the Calcutta High Court intervenes in the matter right now, there might be possibilities of the probe going in the wrong direction.

Since the time a special court in Kolkata last week granted default bail to two individuals accused of tampering with the evidence since the CBI was unable to file a supplementary charge sheet against them within 90 days from the day of their arrest, the victim’s parents, as well as the representatives of the state’s medical fraternity, had been accusing the CBI of gross incompetence in the matter.

The CBI has come under scathing criticism because of its failure to submit the supplementary charge sheet against former and controversial Principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal. Following its failure to submit the charge sheet within the stipulated period, both Ghosh and Mondal were granted default bail in the case by a special court in Kolkata last week.

While Ghosh continues to be behind bars because of the parallel probe by the CBI against him in the case of financial irregularities at R.G. Kar, Mondal is already out on bail.

Recently, the victim’s parents have also changed their counsel representing them at the Supreme Court.

The West Bengal Junior Doctors’ Front, an umbrella of the body of junior doctors in the state spearheading the movement on this issue, has already threatened to resume their protests which they withdrew earlier keeping the larger public interest in mind.

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National News

Woman MP complains to RS chairman against Rahul’s ‘misbehaviour’ during Parliament scuffle

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New Delhi, Dec 19: Amidst the ugly scuffle followed by heated exchanges outside the Parliament complex, a BJP woman Parliamentarian has made startling and explosive charges against the Leader of the Opposition (LoP) in Lok Sabha, Rahul Gandhi.

Phangnon Konyak, the woman Rajya Sabha member from Nagaland, filed a complaint with the Rajya Sabha Chairman on Thursday, claiming that her dignity and self-esteem have been deeply hurt because of the ‘behaviour and conduct’ of Rahul Gandhi.

She claimed that the Congress MP along with party members misbehaved with her and also made her ‘uncomfortable’ while she was protesting against the insult meted out to Babasaheb Ambedkar by the grand old party.

“He misbehaved with me in a loud voice and his physical proximity to me was so close that I, being a lady member, felt extremely uncomfortable,” she said.

“I stepped aside with a heavy heart and felt that no Member of Parliament should behave this way,” she added.

Konyak, also the state President of BJP Mahila Morcha in Nagaland, said that the incident happened while she was protesting against Congress’ ‘ill-treatment’ of BR Ambedkar at Makar Dwaar, the main entrance of Parliament building.

“The Security Personnel had cordoned off the area and created a passage to the entrance for Hon’ble MP’s of other parties. Suddenly, Leader of Opposition, Shri Rahul Gandhi Ji along with other Party Members came in front of me despite there being a passage created for them,” she wrote in her complaint.

Earlier, the penultimate day of the Winter Session was marred by a huge controversy as a scuffle broke out between BJP and INDIA bloc MPs over insult and affront to the legacy of the country’s greatest Dalit icon. Two BJP MPs said that they suffered injuries after Rahul pushed a fellow lawmaker. Congress chief Mallikarjun Kharge also claimed assault by the BJP Parliamentarians, saying that his “knees were hurt”.

Rahul Gandhi has rejected all the allegations and counter-charged that it was he who got shoved by the ruling party MPs.

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National News

Ambedkar row: Lalu Prasad seeks HM Shah’s resignation

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Patna, Dec 19: Lalu Prasad Yadav, the National President of the Rashtriya Janata Dal (RJD), has sharply criticised Union Home Minister Amit Shah over a recent statement concerning Dr. BR Ambedkar.

During an interaction with the media in Patna, Lalu Yadav accused HM and the Bharatiya Janata Party (BJP) of harbouring animosity toward Dr. Ambedkar, a key architect of the Indian Constitution and a symbol of social justice.

Expressing his strong disapproval, Lalu Yadav stated: “Amit Shah and BJP leaders have hatred for Dr. Bhim Rao Ambedkar. The statement of Amit Shah is an example of this. I strongly condemn his statement. He should resign from the post and leave politics.”

Earlier on Wednesday, Yadav accused the BJP and its ideological affiliates of consistently disrespecting Dr Ambedkar and his legacy.

In a scathing statement, Yadav said, “The genetic children of Golwalkar have always disrespected our idol, Babasaheb Bhim Rao Ambedkar. Followers of the book ‘Bunch of Thoughts’ can never truly embrace the ideas of Dr. Ambedkar, the architect of our Constitution. Their hatred for him is evident not only in their words but also in their body language.”

He went further to allege that BJP leaders harbour deep-rooted biases.

“Social inequality, untouchability, discrimination, and hatred towards Dalits and marginalised communities are ingrained in the blood of Sanghi BJP leaders. Their disdain for the Constitution and its principles is clear. “True followers of Baba Saheb Ambedkar do not associate with the BJP. Anyone who supports the BJP after such insults to Ambedkar is effectively endorsing and worshiping Golwalkar’s ideology and has become a staunch bootlicker of BJP leaders,” Yadav said.

Following the statement of Lalu Prasad Yadav, the leaders from the ruling alliance, including the JD(U) and BJP, have voiced strong objections to his comments, dismissing them as baseless and questioning his credibility.

Neeraj Kumar, JD(U) MLC criticised Lalu Prasad Yadav’s remarks, stating, “He lacks credibility as the Election Commission has declared him ineligible to contest elections. The public no longer takes Lalu’s statements seriously. Lalu Prasad should answer why a memorial for Ambedkar has not been established, while one exists for Sanjay Gandhi. Lalu’s family amassed assets worth ₹478 crore in Patna and now they are doing hypocrisy.”

BJP leader Arvind Kumar Singh defended HM Amit Shah, asserting that his statements exposed the Opposition’s historical sidelining of Dr. Ambedkar, causing discomfort among them.

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