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'Purity needed in politics...' Gujarat HC rejects Rahul Gandhi's plea in 'Modi surname' defamation case

Gujarat High Court upholds Sessions Court's order denying stay on conviction of Rahul Gandhi in the defamation case against 'Modi surname' remark.

Gujarat HC rejects Congress leader Rahul Gandhi plea in Modi surname defamation case gcw
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First Published Jul 7, 2023, 11:09 AM IST

In a massive setback to Rahul Gandhi, the Gujarat High Court has rejected the Congress leader's plea to stay his conviction and two-year jail term in a criminal defamation case. The verdict means that his disqualification from Parliament membership will continue. In its verdict, the court said that refusal to stay the conviction would not in any way result in injustice to the applicant. 

Stating that the Congress leader was seeking a stay on conviction on absolutely non-existent grounds and that the stay on conviction was not a rule, the court noted that there are as many as 10 cases pending against Rahul Gandhi, including one by the grandson of Veer Savarkar in Pune court over the former's remarks against Savarkar at Cambridge. Purity is needed in politics, the court said, adding that there are no reasonable grounds to stay conviction. "The conviction is just, proper and legal," the court noted.

During the plea hearing in May, Justice Hemant Prachchhak had deferred the interim relief and stated that a final order would be issued after the conclusion of the summer vacation, which ended three weeks ago. 

Rahul Gandhi's lawyer had argued earlier in April that the punishment of a maximum of two years for a bailable, non-cognizable offence could result in his client losing his Lok Sabha seat permanently and irreversibly, highlighting the significant consequences at stake for both Rahul Gandhi and his constituency.

In March 2023, a metropolitan magistrate's court in Surat convicted and sentenced Rahul Gandhi to two years in jail under sections 499 and 500 of the Indian Penal Code (IPC) for criminal defamation, following a case filed by Bharatiya Janata Party MLA Purnesh Modi in 2019. 

Consequently, Rahul Gandhi was disqualified as an MP in accordance with the Representation of the People Act.

Challenging the order, Rahul Gandhi appealed to a sessions court in Surat and also sought a stay on the conviction. While granted bail, the court declined to suspend the conviction on April 20, leading him to approach the Gujarat High Court for relief.

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