BJP MLA Purnesh Modi, whose criminal defamation complaint led to the conviction of Congress leader Rahul Gandhi, contended in the Supreme Court that a stay of conviction is granted only in “rarest of rare cases for exceptional reasons”.
Opposing Mr. Gandhi’s plea for staying the conviction, Mr. Modi, in an affidavit said, the Congress leader’s case did not fall in the “exceptional” category.
“At the time of sentencing before the trial court, the petitioner [Mr. Gandhi] far from being repentant and contrite, displayed arrogance... The petitioner has maliciously and recklessly used scurrilous words against a large and totally blameless class of persons, who have caused no harm to the petitioner,” the affidavit said.
He contended that Mr. Gandhi with his remark “why all thieves have Modi surname” has defamed the Modi community, especially the Modh Vanik caste of Gujarat.
He argued that the defamatory remark targeted an “identifiable collection of persons” within the meaning of Explanation 2 of Section 499 IPC.
Mr. Modi said Mr. Gandhi was motivated by “personal hatred toward the elected PM of the country”.
“The statement was made maliciously towards a blameless class of persons and therefore he deserves no sympathy on the question of sentence,” he submitted.
The apex court is scheduled to hear the case on August 4.
