Rahul’s affidavit in Patna HC, said – Defamation case is affected by the principle of double jeopardy

Rahul’s affidavit in Patna HC, said – Defamation case is affected by the principle of double jeopardy

Rahul Gandhi Defamation Case: An affidavit was filed in the Patna High Court on Friday (April 21) in a defamation case involving ‘Modi surname’ by Congress leader Rahul Gandhi. It has been said in the Patna court that the defamation case filed against Rahul by Rajya Sabha MP Sushil Modi is affected by the ‘double jeopardy doctrine’ (principle of double punishment).

Significantly, Sushil Modi had filed a defamation case against Rahul Gandhi in 2019. A petition was given on behalf of Rahul Gandhi to dismiss the case. Supplementary affidavit has been filed in the same petition.

This development has come to the fore when the Patna court recently directed Rahul Gandhi to appear before the court on April 25 to record his statement under section 313 of the CrPC.

What was said in the affidavit filed by Rahul Gandhi?

All India Congress Committee (AICC) member Ashish Kumar has filed the affidavit on behalf of Rahul Gandhi. The affidavit argues that Rahul Gandhi has already been convicted by the Surat court for the same remark that is at the center of the defamation complaint filed by Sushil Modi in the Patna court.

The affidavit further states that in April 2019 during an election campaign in Kolar when he made the alleged statement ‘Why do all thieves share Modi surname’, Rahul Gandhi was tried and convicted by the Surat Court, hence before the Patna Court The pending case would be affected by the principle of double jeopardy as provided under Section 300 of the CrPC and Article 20(2) of the Constitution of India.

What does the article of the constitution and the section of CrPC say for ‘double jeopardy’?

Article 20(2) of the Constitution states that no person can be tried and punished for the same offense more than once. On the other hand, Section 300 (1) of CrPC bars the prosecution of a person not only for one offence, but also for another offense on the same fact. The affidavit said that the only difference in both the cases is that the complainants are different.

Now the case will be heard on this day

It was urged to dismiss the case through affidavit. While filing this affidavit, advocate Anshul, appearing for Rahul Gandhi, mentioned the matter before Patna High Court Justice Sandeep Kumar for an early hearing. Justice Kumar accepted the request of Rahul’s lawyer. Now the matter will be heard on April 24. Let us tell you that on Thursday (April 20), the Surat court had rejected the petition seeking a stay on the conviction of Rahul Gandhi in the defamation case.

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