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The Hindu
The Hindu
National
Amit Bhelari

Modi surname remark | Patna HC grants relief to Rahul Gandhi, issues stay order on lower court’s summons

The Patna High Court on April 24 granted relief to former Congress MP Rahul Gandhi in the defamation case filed by Rajya Sabha member and senior BJP leader Sushil Kumar Modi. The Court stayed a lower court’s order till May 15 in which Mr. Gandhi was asked to be physically present before the court to record his statement in the Modi surname case.

On April 22,  Rahul Gandhi filed a petition to quash the summons issued by the MP/MLA court.

Mr. Gandhi’s advocate Virendra Rathore said that since a similar matter is already under Surat court, there cannot be another trial in a different court in the same matter. 

The former MP from Wayanad has already been convicted in criminal defamation case by a Surat court over his remark followed by getting disqualified as a Lok Sabha member. He had even vacated his official residence as well. 

A Patna court, on March 30 summoned Mr. Gandhi on April 12 over the Modi surname remark, one week after Gujarat court convicted him for defamation and sentenced Rahul Gandhi for two years in prison. 

The MP/MLA court of Special Judicial Magistrate Aadi Dev had passed an order on March 18 asking Mr. Gandhi to appear before it on April 12. That day itself the defense counsel sought another date stating that the entire team was busy with Surat case. 

After the conviction of Mr. Gandhi, opposition parties protested vehemently within and outside the parliament and the state assemblies including Bihar. A session court in Surat on April 20 dismissed Gandhi’s plea seeking to stay his conviction in the defamation case. 

On Monday, Justice Sandeep Kumar issued the stay order giving a major relief to Mr. Gandhi.

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