Rahul Gandhi moves Gujarat HC seeking stay on conviction in 'Modi surname' defamation case

'Modi surname' defamation case: After the Surat sessions court turned down his appeal, Congress leader Rahul Gandhi moved the Gujarat High Court challenging his conviction and sentence in a defamation case.

Congress's Rahul Gandhi has appealed in the Gujarat High Court after a Surat court denied his request to postpone his conviction in the issue regarding the Prime Minister's last name. Gandhi had sought a pause on his conviction that would help his reinstatement as an MP. 

He was disqualified from the Parliament last month after being given a two-year prison sentence, the highest sentence that could be given in a criminal defamation prosecution. Rahul Gandhi had even vacated his official bungalow on Saturday for the same.

The leader claimed in his appeal that the trial court's treatment of him was severe and heavily affected by the fact that he was an MP.

The Congress leader was found guilty of criminal defamation and given a two-year prison term after asking, "How come all thieves have Modi as the common surname?" on April 13, 2019, at an election rally in Kolar, Karnataka.

The Congress called the court's decision "erroneous and unsustainable" and noted that the judge seemed "over-shadowed" by the high office of the prime minister, despite the BJP's unambiguous assertion that it is a legal matter.

The BJP alleged it was an insult to the OBC (Other Backward Classes) community and a party leader in Gujarat, Purnesh Modi, filed a defamation case against him.

The case was against Gandhi was filed by Purnesh Modi, who was a minister in Gujarat at the time, claiming that he had defamed the entire Modi community.