Gujarat HC dismisses Rahul Gandhi's plea to stay conviction in defamation case

In a major setback for Rahul Gandhi, the Gujarat High Court has rejected the Congress leader's plea to stay his conviction and two-year jail term in a criminal defamation case, resulting in the continuation of his disqualification from the Lok Sabha.

Justice Hemant Prachchhak upheld the decision of a Gujarat sessions court, which had previously refused to suspend a magisterial court order that convicted Gandhi on March 23 and imposed the maximum punishment for criminal defamation under the Indian Penal Code. The high court's ruling stated that there are eight other criminal cases pending against Gandhi, including one filed by the grandson of Veer Savarkar.

The court emphasized that the conviction would not cause any injustice and urged the sessions court to expedite the appeal process. Gandhi's conviction in March stemmed from his remarks about the "Modi" surname ahead of the 2019 national elections, where he allegedly said, "How come all thieves have Modi surname in common." The two-year imprisonment led to his disqualification as a Member of Parliament under the Representation of People Act.

Following the notification from the Lok Sabha Secretariat, Gandhi was officially disqualified as an MP from Wayanad in Kerala on March 24. Gandhi had approached the sessions court seeking a stay on his conviction, but his plea was rejected on April 20, prompting him to approach the high court.

During the high court proceedings, Gandhi's counsel argued that the offense for which he was convicted was not serious and did not involve moral turpitude. They highlighted the irreversibility of the consequences and the deprivation of representation for his constituency in the House. They also pointed out the potential financial burden of a by-election in the Wayanad Lok Sabha constituency.

The complainant, BJP's Purnesh Modi, opposed any interference in the magisterial court's order, stating that it was a matter of moral turpitude to make the statement that "All Modi are thieves." The complainant's counsel emphasized that Gandhi could not evade responsibility as an MP when addressing the public, and the sentence imposed by the trial court was lawful.

The Gujarat High Court reserved its verdict on May 2 but declined to provide interim protection to Rahul Gandhi.