Exemption Granted by Jharkhand High Court in the Modi Surname Case Allows Rahul Gandhi to Avoid Personal Appearance

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On Wednesday, the Jharkhand High Court granted an exemption to Rahul Gandhi, a Congress leader, from his personal presence at a special court hearing in Ranchi regarding a defamation lawsuit linked to the ‘Modi surname’ matter.

Justice Sanjay Kumar Dwivedi, presiding over the bench, sanctioned the representation of the Congress MP by his legal counsel under specific conditions. However, the court clarified that witnesses who testified in his absence would not undergo subsequent cross-examination.

The case revolves around a defamation allegation stemming from Gandhi’s statement at a Lok Sabha election rally in Ranchi during 2019, in which he asserted, “Sabhi Modi chor hain – Neerav Modi, Lalit Modi, etc.” Pradeep Modi, the petitioner, lodged the defamation suit citing offensive and disparaging remarks against the Modi community, contending that these comments had caused emotional distress. The petitioner lodged a defamation suit seeking damages amounting to 20 crores.

Initially, Rahul Gandhi had requested an exemption from appearing before the lower court, but this plea was denied on May 3. Consequently, the Congress leader sought recourse in the High Court.

Recently, the Supreme Court temporarily suspended the conviction of Rahul Gandhi in the defamation case tied to the Modi surname, which had been issued by a Gujarat court. The Gujarat court had sentenced Rahul Gandhi to a two-year imprisonment, leading to his automatic disqualification from the Lok Sabha as a sitting Member of Parliament.

The apex court highlighted the absence of proper justifications from the trial court for imposing the maximum sentence.

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