'Not an ordinary person’: What Surat Court said as it dismissed Rahul Gandhi’s plea for conviction stay

A sessions court in Surat dismissed Rahul Gandhi’s appeal for stay on the conviction in the ‘Modi surname’ case. The court said that the Congress leader, who was disqualified from being an MP after the conviction at a lower court, was not an ordinary person. The bench added that the former MP was also not able to show any exceptional circumstances for the stay. 

The Congress MP was convicted by a lower court in a 2019 defamation case. Gandhi, in an election rally in Kolar, had said, “How come all thieves have Modi as the common surname?” Following the conviction last month, Gandhi was disqualified as an MP. A stay in the court today could have reinstated Gandhi as an MP. Congress is now likely to move the Gujarat High Court in the matter. 

The court said that certain conditions must be met for the conviction to be stayed, such as there has to be a rare and exceptional case, or compelling circumstances for grant of stay. Additionally if conviction leads to irreversible consequences leading to injustice and irretrievable damages, then the conviction can be stayed. Also there should be no criminal antecedents barring the conviction.

Rahul Gandhi has not been able to show any exceptional circumstances to give stay on the conviction, the court said. It said that the power to suspend or stay convictions must be exercised with caution or it could have a serious impact on the public perception on the justice delivery systems and “shake public confidence in judiciary”.

“Appellant was not an ordinary person and was sitting MP, connected with public life. Any word spoken by Appellant would have a large impact in the mind of the common public. The alleged speech given by Appellant on 13/4/2019 was during an election campaign. Moreover, high standard of morality is expected from a person like Appellant,” observed the Surat Court. 

The court also questioned Rahul Gandhi’s counsel, Senior Advocate RS Cheema’s contention that the Congress leader was deprived of a fair trial. It said that as per the records, all opportunities were accorded to Gandhi for cross-examining the witnesses. 

“It is not a disputed fact that the Appellant was the Member of Parliament and President of the second largest political party and looking at the stature of Appellant he should have been more careful with his words, which would have a large impact on the mind of people,” it said. 

The court also argued that removal or disqualification as the Member of Parliament cannot be termed as irreversible or irreparable loss or damage. It said that Rahul Gandhi failed to demonstrate that by not staying the conviction and denying an opportunity to contest the election due to the disqualification, an irreversible and irrevocable damage has been caused to Gandhi. 

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