New Delhi: The Gujarat High Court on Tuesday reserved its order on a plea filed by Congress leader Rahul Gandhi to stay his conviction in a criminal defamation case that led to his disqualification as a Member of Parliament.
The bench of Justice Hemant Prachchak also refused Gandhi any interim protection, and said: “It is in the interest and fitness of the case, that the matter be decided finally and no interim protection be granted at this stage. Hence, the matter is kept for final judgment post summer vacations.”
Gandhi had sought to suspend his conviction and two-year jail term, handed to him for saying at a 2019 election rally that all those with “Modi” surnames were thieves.
Rahul moved the Gujarat High Court on 25 April, challenging the Surat Sessions court verdict that rejected his plea seeking a stay on his conviction by a trial court.
In his judgement, Additional Sessions Judge Robin P. Mogera cited Gandhi’s stature as an MP and former chief of the country’s second-largest political party and said he should have been more careful.
He cited evidence and observations of the trial court and said it transpires that Gandhi made certain derogatory remarks against Prime Minister Narendra Modi apart from comparing people with the Modi surname with thieves.
The court had also observed that complainant Purnesh Modi – a legislator and former minister – was involved in public life and such defamatory remarks “would have certainly harmed his reputation and caused him pain and agony in society”.
Mogera said Gandhi’s disqualification as an MP, on the other hand, could not be termed irreversible or an irreparable loss or damage to the Congress leader.
A Lok Sabha MP from Wayanad, Gandhi was disqualified after the Surat trial court sentenced him to two years in jail on 23 March under Sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in the case filed by Purnesh Modi.
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