Ahmedabad, Mar 16: The Gujarat High Court has issued a notice to Rahul Gandhi on a plea by state BJP minister Purnesh Modi challenging a Surat court order rejecting his application filed in connection with a criminal defamation case against the Congress leader over his 2019 "Modi surname" remarks.

The complainant recently approached the HC challenging the February 23 order of the Surat court rejecting the minister's application to make the accused (Gandhi) "personally explain contents of the CDs and/or pen drives and/or such other electronic records" related to his speech.

Justice VM Pancholi, in an order passed last week, issued notices, returnable on March 28, to respondents Gandhi and the Gujarat government.

The HC also granted an interim stay on proceedings in the private criminal defamation case pending before the Surat court as prayed by the complainant.

The BJP minister (then a legislator) had filed a criminal defamation case against Gandhi over his remarks on "Modi surname" made while addressing a Lok Sabha election rally at Kolar in Karnataka in 2019.

The complainant said the Congress MP's alleged remarks, "how come all the thieves have Modi as the common surname?" defamed the entire Modi community.

Gandhi had pleaded not guilty during his appearance before the Surat court last year.

The court had also recorded the former Congress president's statement in the case filed by the BJP leader in April 2019 under Indian Penal Code (IPC) sections 499 and 500 (dealing with defamation).

During the trial, the complainant had submitted certified copies of three CDs received from the district election officer and collector of Kolar which contained his observation about the "Modi" surname.

Complainant Purnesh Modi wanted the Surat court to play the CDs in the presence of Gandhi to enable him to personally explain their contents as per the provisions of section 313 of the CrPC (related to power to examine an accused) so as to avoid any technical objection in the future, a request rejected by the court.

The magistrate's court had also rejected the minister's plea for time to challenge the order in the HC.

In hearing before the HC on March 7, Purnesh Modi's lawyer Harshil Tolia reliance upon a Supreme Court judgment on proper methodology to be adopted by the court while recording the statement of an accused under section 313 of the CrPC.

Purnesh Modi was inducted into the cabinet of new Chief Minister Bhupendra Patel last year.

During the rally at Kolar, Gandhi had allegedly said, "Nirav Modi, Lalit Modi, Narendra Modi...how come they all have Modi as common surname?"

Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.



Janjgir (Chhattisgarh) (PTI): An elderly couple and their two grandchildren were allegedly murdered by two close relatives to grab family property in Chhattisgarh’s Janjgir-Champa district, police said on Thursday.

The couple’s one son, who had earlier spent 15 years in jail for killing his own brother, and his son have been taken into custody in connection with the murders, an official said.

The bodies were found inside their under-construction house in Bhanvtara village under the jurisdiction of the Shivrinarayan police station after labourers reached the site for work in the morning, a senior police official said.

The deceased were identified as Medani Prasad Kashyap (70), his wife Kanti Bai (65), their grandchildren Pitambar Kashyap (17) and Mogra (25).

The deceased couple’s son, Sonsai, and his son Dakeshwar have been taken into custody in connection with the murders, the official said.

According to the preliminary investigation, Medani Prasad had three sons, including Sonsai. Police said Sonsai had murdered one of his brothers in the past and had served a 15-year jail term in the case, while the couple’s third son had reportedly died by suicide.

Sonsai and his son Dakeshwar, alias Golu, allegedly killed his parents and the children of his two deceased brothers with an axe while they were asleep in the under-construction house, he said.

Pitambar was the only son of one deceased brother, while Mogra was the only daughter of another, the official said.

The accused allegedly wanted sole ownership of the family property and are suspected of having committed the crime to eliminate other claimants, police said.

A case has been registered, and further investigation is underway, the official added.