New Delhi, Aug 2 : Asserting that he would not apologise for his ‘Modi surname’ remark, Congress leader Rahul Gandhi on Wednesday filed a counter affidavit in the Supreme Court, contending that his conviction by a Gujarat court in the case was “unsustainable” and should be stayed.
The Apex Court is scheduled to hear on August 4 Gandhi’s appeal seeking setting aside of his 2-year conviction by a court in Gujarat in the defamation case. The Gujarat High Court had on July 7 refused to stay his conviction, because of which he lost membership of the Lok Sabha.
The 53-year-old former President of the Congress Party, in his 63-page rejoinder affidavit, maintained that he was not guilty of the offence and that the conviction was “unsustainable”.
“The Petitioner (Rahul Gandhi) maintains and has always maintained that he is not guilty of offence and that the conviction is unsustainable and if he had to apologise and compound the offence, he would have done it much earlier,” said the affidavit filed in the top court.
In the affidavit, Gandhi said the complainant, Gujarat BJP MLA Purnesh Modi, had used in his reply filed earlier in the Supreme Court slanderous terms such as ‘arrogant’ to describe him (Rahul) only because he has refused to apologise.
“Using the criminal process and the consequences under Representation of Peoples Act to arm-twist Rahul Gandhi into apologising for no fault, is gross abuse of the judicial process and ought not to be countenanced by this Court,” the Congress leader’s affidavit said.
Gandhi pleaded that his conviction be stayed pending appeal, contending that the balance of convenience was overwhelmingly in favour of him.
He said no prejudice would be caused to Purnesh Modi if his conviction was stayed.
On the demand by Purnesh Modi that he should apologise and express remorse, Rahul Gandhi’s affidavit said that the “bizarre suggestion” amounts to a suggestion that he should withdraw the appeal and should have no further recourse in the matter.
“It is therefore reiterated that the case of the Petitioner is one of excellent chance of success before the Appellate court, an exceptional case considering the offence being a trivial offence, and the irreparable harm that accrues to the petitioner, as an elected MP,” Rahul Gandhi’s affidavit said.
“It is therefore prayed that the conviction of the Appellant (Rahul) be stayed pending appeal, enabling him to participate in the ongoing sittings of the Loksabha and the sessions thereafter,” the affidavit of the Congress leader said.
