Ranchi: Congress leader Rahul Gandhi has moved the Jharkhand High Court challenging an order of the lower court that had asked him to be physically present during the hearing of 'Modi surname' defamation case against him on May 22. Gandhi had filed a petition at Jharkhand High Court through his lawyer.
On May 3, an MP-MLA court of Ranchi had rejected Gandhi's petition related to section 305 of CrPC for being exempted from physical appearance during the case. Instead, the lower court had directed him to appear physically in the court on May 22 in this connection. This was challenged in the High Court today.
Advocate Dipankar Rai, appearing on behalf of Gandhi, said that if his petition is not heard in the High Court before May 22, then an extension will be sought from the lower court.
The MP-MLA court had dismissed Gandhi's petition saying that the Congress leader had not cited any specific reason or any special circumstances for beinng exempted from personal appearance. The court further mentioned that the law is equal for all and so Gandhi should be present during the hearing.
Pradeep Modi had filed a defamation suit in the lower court against Gandhi's remark on 'Modi surname'. Gandhi had reportedly told at a meeting as to why all poeple with Modi surname were thieves. Gandhi was sentenced to two years imprisonment by the lower court of Surat and his conviction had also cost his Lok Sabha membership.
A total of three cases are under way in Jharkhand in connection with Gandhi's controversial remarks.
