Final hearing in Guj HC on Rahul's plea against conviction on May 2

Tribune News Service

New Delhi, April 29

The Gujarat High Court on Saturday posted Congress leader Rahul Gandhi’s plea challenging a Surat court order declining to stay his conviction in a criminal defamation case for final hearing on May 2.

Congress MP and senior lawyer Abhishek Manu Singhvi, who argued on Rahul’s behalf, told the court that “very serious ex-facie vitiating factors” with regard to the trial led to the conviction over “Modi surname” remark.

Justice Hemant Prachchhak of the High Court took up the criminal revision application filed by Rahul challenging the April 20 order of the sessions court. If the HC allows his plea, it could pave the way for Rahul’s reinstatement as a Member of Parliament.

On Wednesday, High Court judge Justice Gita Gopi recused herself from hearing the case after it was brought before her for an urgent hearing. The matter was then assigned to the court of Justice Prachchhak.

Arguing in the High Court, Singhvi said, “There are very serious ex-facie vitiating factors of the trial that raise grave apprehension about the process of trial, which led to the conviction. In the case of a public servant or a legislator, it has very serious additional irreversible consequences—to the person, constituency and also drastic consequences of re-election,” he told the court.

The CJM’s court in Surat on March 23 sentenced the former Congress president to two years in jail after convicting him under Indian Penal Code (IPC) Sections 499 and 500 (criminal defamation) in a 2019 case filed by Gujarat BJP leader Purnesh Modi.

Following the verdict, Rahul, elected to the Lok Sabha from Wayanad in Kerala, was disqualified as an MP under the provisions of the Representation of the People Act.

Rahul challenged the order in the Surat sessions court along with an application seeking a stay on the conviction. While granting him bail, the court on April 20 refused to stay the conviction. Purnesh filed a criminal defamation case against Rahul over his “How come all thieves have Modi as the common surname?” remark made during an election rally at Kolar in Karnataka on April 13, 2019.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.