Gujarat HC junks Rahul’s plea to stay conviction; Congress to move SC
Satya Prakash
New Delhi, July 7
In a setback to Congress leader Rahul Gandhi, the Gujarat High Court on Friday dismissed his plea seeking a stay on conviction in a criminal defamation case for “Modi surname” remarks, saying there was no reasonable ground to grant him relief and flagged the need for “purity in politics”.
Top court relief must to contest
Rahul remains disqualified from the Lok Sabha till he gets relief
For contesting 2024 poll, conviction must be stayed by the SC
Citing 10 criminal cases Rahul was facing across India, Justice Hemant Prachchhak, in a 125-page order, said the refusal to stay the conviction would not, in any way, result in injustice and the order passed by the appellate court was “just, proper and legal”.
“Representatives of people should be men of clear antecedent…stay on conviction is not a rule, but an exception,” the judge said.
‘Modi surname’ remarks
April 13, 2019: At a poll rally in Karnataka, Rahul makes Modi surname remarks
April 15: BJP’s Surat MLA Purnesh Modi files criminal defamation suit against Rahul
July 7: Rahul appears for the first time before the Surat metropolitan court
March 23, 2023: Surat metropolitan court sentences Rahul to two years in jail
March 24: Rahul disqualified as a Member of Parliament
April 2: Rahul challenges the metropolitan court’s order in a sessions court in Surat
April 20: Surat sessions court grants him bail, but refuses to stay the conviction
April 25: Rahul files revision appeal before High Court against lower court order
The Congress will now move the Supreme Court with spokesperson Abhishek Singhvi today saying “newer techniques were being found to throttle Rahul’s voice as the government was rattled by his truth”. “The order is disappointing but not unexpected…,” said Singhvi with Congress chief Mallikarjun Kharge, AICC general secretary Jairam Ramesh and top leaders rallying behind the 53-year-old, who will remain disqualified from the Lok Sabha in the absence of court relief.
Bid to throttle voice
The order is disappointing but not unexpected…. newer techniques are being found to throttle Rahul’s voice as the government is rattled by his truth.
Abhishek Singhvi, congress
The BJP welcomed the HC order and said, “Rahul, who is a super serial offender as far as defamatory remarks go, should face the law”. Rahul will not be able to contest the 2024 LS poll unless given relief by the SC now. In his order today, Justice Prachchhak said, “…in my considered opinion, there is no reasonable ground to stay the conviction of the applicant in the facts and circumstances of the case.” The High Court, however, requested the district judge concerned to decide Rahul’s criminal appeal “on its own merits and in accordance with law as expeditiously as possible”.
Serial offender: BJP
Rahul is a super serial offender in defamatory remarks… why can’t the Congress control and train him to speak right?
Ravi Shankar Prasad, bjp
A metropolitan magistrate’s court in Surat had on March 23 sentenced Rahul to two-year jail term after convicting him under Sections 499 and 500 (criminal defamation) of the IPC in a case filed by BJP MLA and former Gujarat minister Purnesh Modi. The case pertains to Rahul’s “how come all thieves have Modi as the common surname?” remarks made at Kolar in Karnataka on April 13, 2019.
Rahul challenged the order in a sessions court in Surat, which remains pending, along with an application seeking a stay on the conviction. While granting him bail, the sessions court had on April 20 refused to stay the conviction, following which, he moved the HC. After the conviction by the Surat court, Gandhi, a Wayanad MP, was disqualified from the Lok Sabha.
