Rahul Gandhi approaches Gujarat HC, seeks stay on conviction in defamation case

Congress leader Rahul Gandhi on Tuesday moved the Gujarat High Court, challenging the Surat Sessions court's order that rejected his plea for a stay on his conviction in a criminal defamation case for his "Modi surname" remark. The hearing of the case is expected to happen this week.

This comes after a court in Surat city rejected Gandhi's application for a stay on his conviction. The court of additional sessions judge R P Mogera rejected Gandhi's plea for stay, saying his counsel failed to demonstrate that an "irreversible and irrevocable damage" was likely to be caused to him if he was denied the opportunity to contest election under section 8(3) of the Representation of the People Act, 1951.

The conviction came last month on a 2019 criminal defamation case under sections 499 and 500 of the Indian Penal Code. BJP MLA Purnesh Modi had dragged Gandhi to the court over a comment he made during an election rally in Kolar, where he said, “How come all thieves have Modi as the common surname?”

The court that convicted him also allowed him 30 days to appeal to a higher court.

Rahul Gandhi, in his submission, said that if the trial court conviction was not stayed, it would create havoc on his reputation. The Surat court said that removal or disqualification as MP cannot be termed as irreversible or irreparable loss or damage.

Gandhi was disqualified as an MP on March 24, following his conviction.

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