Rahul gandhi has challenged the decision in the supreme Court….
Rahul gandhi has challenged the decision in the supreme court for not getting relief from the gujarat high court in the criminal defamation case involving 'Modi surname'. He has sought relief citing some grounds.
'This move is harmful to democratic free speech'
The petition states that criticizing economic offenders and prime minister Narendra Modi in a political speech during a democratic political activity was considered an act of moral turpitude, requiring the harshest punishment. Such a move in the midst of a political campaign is seriously detrimental to democratic free speech. This would set a disastrous precedent that would put an end to any political dialogue or debate.
'Ethical misconduct not involved'
The petition states that the offense does not involve moral turpitude. The term moral turpitude cannot be applied to such a crime where the legislature has thought it appropriate to impose only a maximum punishment of 2 years. This offense is bailable and non-cognizable, so it cannot be considered heinous.
'The high court ignored the basic criteria'
It has been said in the petition that the high court has ignored the basic criteria to stay the conviction. The conviction was liable to be suspended on the basis of two basic principles. Firstly, that it does not involve any serious offense punishable with death, imprisonment for life or imprisonment for a term of less than ten years, and secondly, that the matter should not amount to moral turpitude. In the present case both these conditions of the petitioner are satisfied. Nevertheless, the high court decided not to suspend the conviction considering the case as involving moral turpitude.
'...will completely destroy the foundation of democracy'
It was said in the petition that the decision of the high court in the case affects the freedom of expression and the democratic process. It said that if this controversial decision is not stopped, it will strangle free speech, free expression, free thought and free statement. If political satire is considered as the basis, then any political speech criticizing any government will become an act of moral misconduct. This will completely destroy the foundation of democracy.
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