The Gujarat High Court on Saturday will hear Congress leader Rahul Gandhi's petition challenging the order of the Surat sessions court declining a stay on his conviction in a criminal defamation case over his "Modi surname" remark.
The case will come up in the court of Justice Hemant Prachchhak, the cause list published by the high court said. On Wednesday, when Gandhi's lawyer P S Champaneri mentioned the case before Justice Gita Gopi, she recused herself from the hearing by saying "Not before me". The development came a day after Gandhi moved the HC.
Gandhi was sentenced to two years in jail in the defamation case against him for his "all thieves have Modi surname" remark. He was convicted by a metropolitan magistrate's court in Surat on March 23 court under IPC sections 499 and 500 (criminal defamation). The case was filed by Gujarat BJP MLA Purnesh Modi.
Following the verdict, Gandhi, who was the elected Lok Sabha MP from Wayanad in Kerala, was disqualified as a Member of Parliament (MP) under the provisions of the Representation of the People Act.
As per Indian law, if a member is convicted of any offence for two or more years, his or her seat will be declared vacant. One can only stay in the parliament if the conviction is suspended.
Gandhi 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. The court granted him bail and gave him 30 days to file an appeal.
In his appeal in the Surat court to freeze the conviction, Gandhi said the court treated him harshly and was overwhelmingly influenced by his status as an MP.
The judge turned down the argument and said Gandhi had "failed to that by not staying the conviction and denying an opportunity to contest the election, an irreversible and irrevocable damage will be caused to him".
After the court setback, Gandhi had to vacate his official residence in Delhi. The Lok Sabha Housing Committee had sent him a letter to vacate his 12, Tughlaq Lane bungalow, which he had since 2005.