The Patna HC stayed proceedings pending before the Patna High Court in a criminal defamation case against Congress leader Rahul Gandhi over his ‘Modi-thieves’ remark, till May 16.
In the year 2019, a bench led by Justice Sandeep Singh issued this order in response to Gandhi’s quashing petition. The case was mentioned in Court on April 18 and was scheduled for hearing today.
Ansul, Gandhi’s counsel, argued before the Court that the case before the Patna Court is barred by the doctrine of “double jeopardy” because Gandhi was already convicted by the Surat Court for the same remark that is at the heart of a defamation complaint filed by Sushil Modi before the Patna Court.
The arguments were supported by a supplementary affidavit filed on Gandhi’s behalf before the HC on April 18, in which it was pleaded that because Gandhi was tried and convicted by the Surat Court for the alleged remark “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019, the case pending before the Patna Court would be subject to the doctrine of double jeopardy as enshrined in Section 300 of CrPC and Article 20 (2) of the Constitution of India.
The order of the Patna High Court is significant because now Rahul Gandhi will no longer be required to appear before the local court on April 25 to record his statements under section 313 CrPC in the case.
A criminal complaint was filed by Sushil Modi in the Patna High Court under section 500 of the IPC over Gandhi’s alleged remark “why all thieves share the Modi surname.”
It is Modi’s case that Gandhi made the derogatory remark targeting people having the ‘Modi’ surname. Gandhi obtained bail in the case in the year 2019.
