Rahul Gandhi arrogant, has not apologised yet for remark on Modi surname: Complainant to Supreme Court

Congress Leader Rahul Gandhi has shown arrogance rather than being apologetic over his All Thieves have Modi surname remark, the complainant in the criminal defamation case against Gandhi told the Supreme Court on Monday [Rahul Gandhi vs Purnesh Ishwarbhai Modi and anr]..Gandhi maligned a totally blameless class of persons by his reckless and malicious words, the complainant Purnesh Modi told the top court while arguing against stay on the conviction and sentence handed down to Gandhi by a Magistrate court."At the time of sentencing before the trial court, the petitioner far from being repetant 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 reply said..The reply was filed in response to the a plea by Gandhi seeking stay on the conviction and two-year jail term imposed on him by a Magistrate court in Gujarat's Surat.The now disqualified parliamentarian was convicted by the Magistrate court on March 23 for his remark that he had made at an election rally in Karnataka's Kolar constituency, in 2019.Gandhi had, in his speech linked Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi.He had said,"Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have 'Modi' as a common surname?"The proceedings in the instant case arose after Purnesh Modi, a former BJP Member of Legislative Assembly (MLA), had taken exception to the the remarks in question, claiming that Gandhi humiliated and defamed persons with the Modi surname.The magistrate court accepted the contention of Modi that by his speech, Gandhi has intentionally insulted the people with a 'Modi' surname.A sessions court in Surat had, on April 20, dismissed Gandhi's plea seeking suspension of his conviction by the Magistrate court.Gandhi then moved the High Court which too refused to stay the judgment leading to the present appeal before the top court.The Supreme Court had earlier this month issued notice on the plea and the sought the response of Modi and the Gujarat government. .The complainant in his response told the top court that Gandhi has on multiple occasions refused to apologise for the remarks in question."The petitioner has defamed all persons bearing the surname Modi, and has also, in particular, the Modi's of the Modh Vanik caste in the State of Gujarat. Both these categories are 'indentifiable collection of persons' within the meaning of Explanation 2 of Section 499 of the IPC," the reply said.Therefore, it was prayed that the conviction and sentence should not be set aside as Gandhi had defamed an elected Prime Minister and all persons with the Modi surname, showing his hatred towards the community..Purnesh's Modi reply was filed through advocate PS Sudheer, drawn by advocate Harshit S Tolia and settled by Senior Advocate Mahesh Jethmalani..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.