Surat Court Rejects Rahul Gandhi’s Request for Stay on Conviction in Modi Surname Case

GG News Bureau

Surat, 20th April. A Surat court on Thursday rejected Congress leader Rahul Gandhi’s plea for a stay on his sentence in a criminal defamation case stemming from his “Modi surname” statement.

The court of additional sessions judge R P Mogera denied Gandhi’s request for a stay on his conviction, which if granted would have allowed him to be reinstated as a Member of Parliament (MP).

While the BJP praised the Surat court’s ruling as a “victory” for the judiciary and the people, the Congress stated that it will continue to pursue all legal alternatives.

The order of the sessions court, according to Gandhi’s counsel Kirit Panwala, would be challenged in the Gujarat High Court.

On April 3, Gandhi’s lawyer filed two applications along with his main appeal against the lower court’s order sentencing him to two years in jail, one for bail and another for stay on conviction pending his appeal.

While dismissing Gandhi’s application, the court stated that his counsel failed to demonstrate that denying him the opportunity to contest election under section 8(3) of the Representation of the People Act, 1951 would cause him “irreversible and irreversible damage.”

A metropolitan magistrate court here on March 23 sentenced Gandhi to two years in jail after convicting him under sections 499 and 500 of the Indian Penal Code for criminal defamation in the case filed by BJP MLA Purnesh Modi.

A day later, Gandhi, 52, who was elected to the Lok Sabha from Wayanad in Kerala in 2019, was disqualified under the Representation of the People Act.

While giving him bail on April 3, the court served notices on complainant Purnesh Modi and the state government, requesting a hearing on the Congress leader’s request for a stay of sentence.

After hearing both the sides, the court on April 13 reserved its order on Gandhi’s plea for stay on conviction which was rejected on Thursday.

Panwala, Gandhi’s lawyer, said the sessions court has scheduled May 20 as the start date for hearings on his appeal against the lower court’s March 23 judgment.

Meanwhile, Gandhi will continue to remain out on bail till the disposal of his main appeal as per the court’s April 3 order, he said.

Purnesh Modi’s counsel, Harshil Tolia, stated that the court examined all factors before dismissing Gandhi’s petition.

The charge was filed against Gandhi in response to a complaint filed by a BJP MLA about his words, “How come all thieves have Modi as the common surname?” made during an election rally in Kolar, Karnataka, on April 13, 2019.

“The court has taken into consideration all the legal and factual points while delivering its order. It considered arguments of both the sides and held that our client Purnesh Modi, who belongs to the Modi community, is competent to file a criminal defamation case on Gandhi’s remark,” Tolia said.

The court stated in its ruling that the power granted under section 389 (1) of the CrPC to suspend or stay the conviction must be applied “with caution and circumspection,” as recognized by the Supreme Court in a number of pronouncements.

“If such power is exercised in a casual and mechanical manner, the same would have serious impact on the public perception on the justice delivery systems and such order will shake public confidence in judiciary,” it said.

The court observed that the appellant has not made out any case to suspend the conviction recorded against him.