New Delhi: A sessions court in Surat on Thursday dismissed an appeal filed by Congress leader Rahul Gandhi seeking a stay on his conviction in a criminal defamation case that resulted in his disqualification from the Lok Sabha.
The court of Additional Sessions Judge RP Mogera had last Thursday reserved for April 20 its order on Gandhi’s application to stay his conviction – pending his appeal against the lower court order which granted him two jail terms in the “Modi alias” case. He was sentenced to one year in prison.
On March 23, a metropolitan magistrate’s court in Gujarat’s Surat sentenced a 52-year-old man to two years in jail for remarks made during the 2019 elections. Gandhi had said at a rally in Kolar, Karnataka: “How come all thieves have the surname Modi?” Following this comment, Gujarat BJP MLA and former minister Purnesh Modi filed a criminal defamation case under sections 499 and 500.
A day after the Metropolitan Magistrate court’s decision, Gandhi – who was elected to the Lok Sabha from Wayanad, Kerala in 2019 – was disqualified as an MP. This was in accordance with a 2013 Supreme Court judgement, which stated that any legislator convicted with a sentence of less than two years would be immediately expelled from the House.
On 3 April, Gandhi moved the sessions court against the lower court’s order. His lawyers filed two applications, one for a stay of sentence (or bail pending the disposal of his appeal) and the other for a stay of conviction pending the disposal of his appeal.
While granting bail to Gandhi, the court issued notice to complainant Purnesh Modi and the state government on their plea to stay the conviction. It heard both the sides last Thursday and reserved the order for April 20.
Gandhi argued that the trial was “not fair” and that there was no need for a maximum sentence in the case. He said that if the judgment of March 23 was not suspended and set aside, it would cause irreparable damage to his reputation.
He said the excessive sentence was contrary to the law on the subject and was unfair in his case – which had political significance.
Gandhi termed his sentence as “erroneous” and “clearly perverse” and said that the trial court treated him harshly after being overly influenced by his position as an MP.
The Congress leader said that he was sentenced in such a manner to attract the disqualification order as the trial court was well aware of his status as an MP.
Opposing his plea, MLA Modi told the court that Gandhi was a repeat offender and had several criminal defamation proceedings pending against him in various courts across the country.
In his affidavit, Purnesh Modi said, “The accused are in the habit of making such defamatory and irresponsible statements in the name of freedom of expression and political criticism and dissent, which may either defame others or hurt the sentiments of others.” can deliver.”
The former MP will now have to appeal in the Gujarat High Court or the Supreme Court.
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