In a significant blow for Congress leader Rahul Gandhi, the Gujarat High Court on July 7 upheld the Session Court's order, and denied a stay on his conviction in a criminal defamation case over his 'Modi surname' remark.
While dismissing the plea, Justice Hemant Prachchhak noted that Gandhi is already facing 10 cases across India, adding the order of the lower court was just and proper in convicting the Congress leader. The HC noted that there is no reasonable ground to stay the conviction.
Refusal to stay conviction would not in any way result in injustice to the applicant, the Court said, adding that Gandhi is trying to seek a stay on conviction on absolutely non-existent grounds.
A stay to the conviction would have paved the way for Gandhi's reinstatement as a Member of Parliament.
A metropolitan magistrate's court in Surat on March 23 sentenced Gandhi to two years in jail after convicting him under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation) in a 2019 case filed by BJP Gujarat MLA Purnesh Modi.
Purnesh Modi filed a criminal defamation case against Gandhi over his ‘How come all thieves have Modi as the common surname?’ remark made during an election rally at Kolar in Karnataka on April 13, 2019.
Following the verdict, Gandhi, elected to the Lok Sabha from Wayanad in Kerala in 2019, was disqualified as a Member of Parliament under the provisions of the Representation of the People Act. He challenged the order in a sessions court in Surat along with an application seeking a stay to the conviction. While granting him bail, the court on April 20 refused to stay the conviction.
Rahul Gandhi will not be able to contest elections or seek revocation of the suspension of his status as a Member of Parliament (MP).
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