Gujarat High Court Denies Rahul Gandhi Plea, Disqualification to be continued

Gujarat High Court today has denied to give any relief to Rahul Gandhi on Modi Defemation case. His Legislative Disqualification shall be continued . Justice Prachchhak Pronounced his verdict and said that stay on conviction is an exception but not fundamental right of accused.

Before thisDuring an April 29 hearing, the lawyer representing Rahul Gandhi argued that if his client, who was charged with a bailable and non-cognisable offence, received the maximum punishment of two years in jail, it would result in the permanent and irreversible loss of his Lok Sabha seat. This consequence was deemed as a very serious additional and irreversible outcome for both Rahul Gandhi and the constituency he represents.

On March 23, a metropolitan magistrate’s court in Surat convicted Rahul Gandhi, the former president of the Congress party, under sections 499 and 500 of the Indian Penal Code, which pertain to criminal defamation. The case was filed against him in 2019 by Bharatiya Janata Party MLA Purnesh Modi.

As a result of the court’s verdict, Rahul Gandhi, who was elected as a Member of Parliament (MP) from the Wayanad constituency in Kerala, was disqualified under the Representation of the People Act.

Rahul Gandhi appealed the order and also sought a stay on the conviction in a sessions court in Surat. Although he was granted bail, the court, on April 20, declined to stay the conviction. Subsequently, he approached the High Court.

Purnesh Modi, the MLA representing Surat West, had filed a criminal defamation case against Rahul Gandhi based on his statement during an election rally in Kolar, Karnataka, on April 13, 2019, where he made a remark about the surname “Modi” being common among thieves.