New Delhi: A Surat sessions court on Thursday rejected an appeal filed by Congress leader Rahul Gandhi, seeking a stay on his conviction in a criminal defamation case that resulted in his disqualification from the Lok Sabha.
The court of Additional Sessions Judge R.P. Mogera had last Thursday reserved its verdict for 20 April on Gandhi’s application for a stay on the conviction — pending his appeal against the lower court’s order sentencing him to two years in jail in the “Modi surname” case.
On 23 March, a metropolitan magistrate’s court in Gujarat’s Surat sentenced the 52-year-old to two years in jail for a remark he made in the run-up to the elections in 2019. Gandhi had said at a rally in Kolar, Karnataka: “How come all thieves have Modi as surname?” Following this comment, Gujarat BJP MLA and former minister Purnesh Modi filed a criminal defamation case under Sections 499 and 500.
A day after the metropolitan magistrate court’s verdict, Gandhi – who was elected to the Lok Sabha from Wayanad, Kerala in 2019 — was disqualified as MP. This was in accordance with a 2013 Supreme Court verdict which said any legislator convicted with a sentence not less than two years would be immediately expelled from the House.
On 3 April, Gandhi moved the sessions court against the lower court’s order. His lawyers filed two applications, one for a stay on the sentence (or bail till the disposal of his appeal) and another for a stay on the conviction till the disposal of the appeal.
While granting Gandhi bail, the court issued notices to complainant Purnesh Modi and the state government on his plea for a stay on the conviction. It heard both parties last Thursday and reserved the order for 20 April.
Gandhi argued the trial was “not fair” and there was no need for maximum punishment in the case. He said if the 23 March judgment was not suspended and stayed, it would cause irreparable damage to his reputation.
He said the excessive sentence was contrary to the law on the subject and unwarranted in his case — which had overriding political overtones.
Gandhi termed his conviction as “erroneous” and “patently perverse” and said the trial court treated him harshly after being overwhelmingly influenced by his status as an MP.
The Congress leader said he was sentenced in a manner so as to attract the order of disqualification because the trial court was well aware of his status as a parliamentarian.
Opposing his plea, MLA Modi told the court that Gandhi was a repeat offender with several criminal defamation proceedings against him going on in different courts across the country.
“The accused is in the habit of making such defamatory and irresponsible statements which may either defame others or may hurt the feelings of others, in the name of freedom of speech and political criticism and dissent,” Purnesh Modi stated in his affidavit.
The former MP will now have to appeal in the Gujarat High Court or the Supreme Court.
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