‘Modi surname’ case: Big setback to Rahul Gandhi, HC upholds order denying stay on conviction
‘Modi surname’ case: In a major setback for Congress leader Rahul Gandhi, Gujarat High Court today rejected his request to put on hold his conviction in a defamation case against 'Modi surname' remark.
The Congress leader will remain disqualified as a Lok Sabha MP as High Court rejected his request.
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As per the sources, Rahul Gandhi will now approach the Supreme Court with his request.
If the Supreme Court also rejects his request, Rahul Gandhi cannot contest next year's election.
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The bench of Justice Hemant M Prachchhak said that the trial court conviction order is proper.
"There is no need to interfere with the said order. Therefore, the application is dismissed," he said.
The court dismissed Rahul Gandhi's plea and noted that at least 10 criminal cases were pending against him and even after the present case, some more cases have been filed against him. One such case has been filed by the grandson of Veer Savarkar, the court said.
In the month of May , Gujarat HC reserved its order on Rahul Gandhi's plea seeking a stay on his conviction in the 2019 'Modi surname' defamation case.
Rahul Gandhi had moved the Gujarat High Court on April 25 challenging the Surat sessions court order which declined to stay his conviction in the criminal defamation case.
During the hearing on April 29, Senior Advocate Abhishek Manu Singhvi, appearing for Rahul Gandhi, had sought time to produce certain documents on record after which the court adjourned the hearing to May 2.
The Surat sessions court had on April 20 rejected Rahul Gandhi's plea seeking a stay on his conviction in the criminal defamation case.
He cited prima facie 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 same surname with thieves.
Further, following his conviction by a lower court in the criminal defamation case, Rahul Gandhi was disqualified as Lok Sabha MP. He had been elected to Lok Sabha from Wayanad in Kerala.
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The lower court sentenced the Congress leader to two years in jail on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Purnesh Modi.
At a rally in Karnataka's Kolar in April 2019, Rahul Gandhi, in a dig at Prime Minister Narendra Modi, said, "How come all the thieves have Modi as the common surname?".
- With inputs from agencies
