Arguments on the basis of which rahul got relief...?
rahul was an mp, people's rights were affected - During the hearing, abhishek Manu Singhvi said that rahul gandhi was an mp from Wayanad. He was treated like a criminal while sentencing in a criminal defamation case.
Singhvi further said that we also went to the high court against the decision. I finished the hearing there in May, but the court's decision came in July. The court stayed the order for 66 days despite knowing that it was a matter of lok sabha membership.
While giving the verdict, Justice BR Gavai said that the whole case is entangled because of giving maximum punishment. If the trial court had sentenced the punishment to one day less than 2 years, then the membership could have been saved.
The court further said that in view of the failure of the trial court judge to give the reason for awarding the maximum punishment and in view of the issue of membership of a public representative, the conviction is stayed.
The supreme court also commented on the order of the High Court. Justice Gavai said that the learned judges who gave such a big decision did not pay attention to these things. Please inform that the high court had ordered 106 pages in the rahul defamation case.
2 more arguments given in favor of rahul - There is no substance in Purnesh's complaint, he had received the content on WhatsApp
During the hearing, Singhvi said that the CD of Rahul's speech is being presented in the court. Neither the person making the complaint is aware of who made the CD nor who gave it to him. Then how can CD be a reference?
Singhvi said that Purnesh got all the content through WhatsApp. He further said that the complainant himself had approached the high court to stay the trial saying that he wanted to get evidence. Then after one year he gets the stay removed from the high court and a decision is taken on this.
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