Defamation case: BJP leader files reply opposing Rahul Gandhi appeal; says Gandhi trying to pressurise court by parading Congress leaders

Congress leader Rahul Gandhi is attempting to pressurise the court by bringing state and national level party leaders to file an appeal against his conviction in the defamation case, the complainant Purnesh Modi told the Surat sessions court on Wednesday..Modi, a BJP leader, opposed Gandhi's appeal before the sessions court against his conviction in the defamation case by a magistrate court in Surat.By 'rallying' several leaders of his party behind him to file an appeal in the sessions court, Gandhi has pressurised the court and it amounts to "dirty display of childish arrogance", it was submitted. "The conduct of the convict-appellant while filing the appeal also shows extraordinary arrogance and a very conscious attempt over-owe and bring pressure on the Court. He almost came in a rally along with several State and national level leaders. This was a dirty display of childish arrogance and immature act of brining pressure upon the Court," the reply said..In response to the Congress leader's appeal, Modi through Advocate Harshit Tolia contended that Gandhi has been arrogant and unfair to the court as he and his aides and leaders of the Congress party, at his behest, have been making contemptuous remarks against the court itself."Gandhi is guilty of making unfair and contemptuous comments through his aides, associates, leaders of his party and other at his behest, against the Court. His party leaders were present in large numbers in the court premises when the verdict was pronounced. They even made several unfair statements," the reply said..The reply further highlighted that Gandhi has been a habitual offender, with more than 10 criminal defamation cases pending against him."The accused is in the habit of making such irresponsible and defamatory statements which would either defame others or hurt someone's sentiments, in the name of freedom of speech and political criticism and dissent," the reply underlined..Modi further submitted that stay on the conviction at an interim stage is the 'discretion' of the Court and the present case is not a fit one for exercise such discretion."The right of the accused is best based on the judicial discretion of the Court. The right to apply for suspension of conviction pending the appeal does not have a force of mandate but is merely a statutorily provided discretionary right present with the Court. Therefore, the accused cannot claim the right to suspension of conviction as a right of enforceability," it was submitted..The sessions court in Surat is expected to hear the appeal filed by Gandhi tomorrow..Gandhi was convicted by a magistrate court on March 23 on a complaint filed by a Modi, who claimed that the Congress leader defamed the entire Modi community in a campaign speech at Kolar nearly four years ago.Gandhi had said in his speech, "Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have 'Modi' as a common surname?Magistrate Hadirash Varma had convicted Gandhi for criminal defamation and sentenced him to two years in jail.The judge had said that Rahul Gandhi, through his statement, had insulted all persons with the Modi surname for his political interest.As a result of his conviction, Gandhi was disqualified as a Lok Sabha MP.Gandhi then moved the Surat sessions court challenging his conviction, through a legal team of Senior Advocate RS Cheema and Advocates Kirit Panwala and Tarannum Cheema.