Jammu Tawi, April 20: In a serious setback for Rahul Gandhi, a Surat court today denied his request to stay his conviction in a defamation case stemming from his 2019 “Modi surname” remark.
The sessions court dismissed Congress leader Rahul Gandhi's plea for a stay of execution in a criminal defamation case. “The Surat Court rules that the appellant has failed to demonstrate any exceptional circumstances justifying a stay of execution.”
As a result, Rahul Gandhi cannot be reinstated as a Member of Parliament for the time being.
Rahul Gandhi had requested that his conviction be stayed while he appealed a court order sentenced him to two years in prison. According to the Congress leader, the trial court treated him harshly, heavily influenced by his status as an MP.
Surat's court of appeals disagreed. “Rahul Gandhi failed to demonstrate that by not staying the conviction and denying him the opportunity to contest the election, he will suffer irreversible and irrevocable harm,” said trial court judge Robin Mogera.
The judge also cited the Supreme Court as saying that decisions to halt convictions should be made with caution and “not casually and mechanically… that will shake public confidence in the judiciary.”
Judge Mogera stated that Rahul Gandhi made “certain derogatory remarks against Prime Minister Narendra Modi in general public and further compared persons having ‘Modi' surname with thieves, and the complainant also has Modi surname.”
“The Appellant was no ordinary person; he was a sitting MP involved in public life.” “Any word spoken by the appellant would have a large impact in the minds of the general public,” the judge asserted, adding that a “high moral standard” was expected from someone like him.
On April 3, Mr Gandhi filed an appeal with the Sessions Court against the lower court's decision. His attorneys also filed two applications, one to stay the sentence and the other to stay his conviction until the outcome of his appeal.
The Congress leader claimed that the sentence was excessive and illegal, and that not suspending the order would cause “irreparable damage” to his reputation. He also claimed that he was sentenced in such a way that he would be disqualified from serving in parliament.
The judge stated that he did not agree that Mr Gandhi was not given a fair trial.
Shortly afterwards, Jairam Ramesh, the party's leader, stated that they will “continue to avail all options still available to us under the law.” Meanwhile, Rahul Gandhi was forced to apologise to the OBC community by the BJP.
It's a bad day for Indian democracy: Mehbooba on Rahul Gandhi's appeal denial
The verdict is a slap in the face to the Gandhi family, demonstrating that no one is above the law: Patra Sambit
In response to the Surat Court's rejection of Rahul Gandhi's appeal, BJP spokesperson Sambit Patra stated, “Today's judgement clarified that the Constitution, not dynastic politics, triumphs in India.” This is a slap in the face to the Gandhis. Today, the Surat Court demonstrated that the law applies to everyone and that no one is above it. This is a blow to the Gandhi family's arrogance and a victory for India's common people.”
‘Isn't a two-year prison sentence for criminal defamation exceptional enough?' Tharoor as the court dismisses Rahul's petition
His comments came shortly after the Sessions Court denied Rahul Gandhi's request for a stay of execution in a criminal defamation case.
His disqualification can still be reversed if the High Court grants a stay on the magistrate's court conviction or rules in his favour on the appeal against the Sessions Court's order. Find out more by reading our Explained.
Previously, the Sessions court granted Gandhi bail and suspended his two-year jail sentence, which was imposed by a metropolitan magistrate court on March 23, until the outcome of his appeal seeking a stay of his conviction. Gandhi was found guilty of making the remark “How come all thieves have Modi as a common surname” during an election rally in 2019. Following his conviction, Gandhi was stripped of his Lok Sabha seat, prompting several opposition parties to criticise the government. Purnesh Modi of the BJP filed the complaint in response to the Congress leader's “Modi surname” remark.
