Criminal Defamation Case: Surat court rejects Rahul Gandhi's plea for stay on conviction

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Surat: In a major setback for Rahul Gandhi, a court here on Thursday rejected the Congress leader’s application for a stay on his conviction in a criminal defamation case over his “Modi surname” remark.

The court of additional sessions judge RP Mogera rejected Rahul Gandhi’s application filed for a relief pending his appeal against a lower court’s order sentencing him to two years in jail in the case, PTI reported.

Key Takeaways

1) On April 3, the Congress leader approached the sessions court for appeal against the lower court’s order. A stay on conviction by the sessions court could have paved the way for his reinstatement as the Member of Parliament.

2) He approached the sessions court for appeal after the lower court sentenced him to two years in jail while convicting him for criminal defamation over his remark, “How come all thieves have Modi as the common surname?” made during an election rally at Kolar in Karnataka on April 13, 2019.

3) Rahul Gandhi’s lawyers had filed two applications, one for a stay on the sentence (or bail till the disposal of his appeal) and another for stay on conviction till the disposal of his appeal.

The 52-year-old politician was elected to the Lok Sabha from Wayanad in Kerala in 2019, but was disqualified a day after the lower court sentenced him to two years in jail in the case filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi under sections 499 and 500 (defamation) of the Indian Penal Code.

While granting bail to Gandhi, the court had issued notices to complainant MLA Modi and the state government on the Congress leader’s plea for a stay on conviction.

The sessions court will continue its hearing on Rahul Gandhi’s main plea against the lower court’s order.

(With inputs from PTI)

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