Court rejects Rahul Gandhi’s plea for stay on conviction

The conviction in a 2019 criminal defamation case related to his remarks on the Modi surname led to Rahul Gandhi’s disqualification as a Member of Parliament

A sessions court in Gujarat’s Surat on Thursday dismissed Congress leader Rahul Gandhi’s plea for a stay on his conviction, which led to his disqualification as a Member of Parliament (MP), in a 2019 criminal defamation case related to his remarks on the Modi surname.

The order means the Congress leader’s disqualification continues. A metropolitan magistrate on March 23 convicted Gandhi and sentenced him to two-year imprisonment. Gandhi was disqualified as MP from Kerala’s Wayanad on March 24.

On April 3, Gandhi filed his appeal before the sessions court against the magistrate’s verdict. He was subsequently granted bail till the disposal of his plea.

Gandhi on Thursday last told the sessions court that his disqualification would cause him “irreparable loss and irreversible injury”.

Conviction and two-year jail term also leave Gandhi ineligible to contest elections for eight years. This can be reversed if a higher court overturns his conviction or reduces his sentence to less than two years.

Gandhi argued his comments about the Modi surname during a speech in Karnataka were not defamatory and taken out of context.

Bharatiya Janata Party (BJP) lawmaker Purnesh Modi, who is the complainant in the case, called Gandhi a repeat offender and said the Congress leader’s appeal was a “dirty display of childish arrogance.”

“The accused is in the habit of making such defamatory and irresponsible statements which may either defame others or may hurt the feelings of others, in the name of freedom of speech and political criticism and dissent,” Modi said in his affidavit in response to notice on Gandhi’s plea.

Additional sessions judge RP Mogera on Thursday last reserved his verdict on Gandhi’s application for the stay. Gandhi submitted the trial court treated him harshly after being overwhelmingly influenced by his status as an MP.

Purnesh Modi filed the case against Gandhi under Sections 499 and 500 (defamation) of the Indian Penal Code over the remark wondering how “all thieves have Modi as the common surname” during an election rally at Kolar in Karnataka in April 2019.

The sessions court heard both parties last Thursday before reserving the order.

Gandhi’s lawyers argued the trial in the case was “not fair” and that there was no need for maximum punishment. Gandhi argued the excessive sentence was contrary to the law on the subject and unwarranted in the present case which has overriding political overtones.

He called his conviction “erroneous” and “patently perverse”. Gandhi linked the sentence to his disqualification, saying the trial court was aware of his status as a parliamentarian.

He said the by-election once held for his Lok Sabha seat due to his disqualification cannot be undone even if subsequently he is acquitted. Gandhi said such an election will cause a loss to the state exchequer