'Modi Surname' Case: No Relief For Rahul Gandhi, Gujarat HC Upholds Sessions Court Order Denying Stay On Conviction

The Gujarat High Court on Friday upheld Sessions Court's order denying stay on conviction of Rahul Gandhi in the defamation case against 'Modi surname' remark.

Rahul Gandhi was convicted in the 'Modi surname' case

Source : PTI

The Gujarat High Court upheld the Sessions Court's order on Friday, denying a stay on the conviction of Rahul Gandhi in the defamation case related to his "Modi surname" remark. As a result, Rahul Gandhi will be unable to contest elections or seek the revocation of his suspended status as a Member of Parliament (MP). The Gujarat High Court deemed the Trial Court's conviction order appropriate and saw no need for interference, thus dismissing the application. The Court also noted that Rahul Gandhi faces at least 10 pending criminal cases.

On April 3, the Surat Sessions Court granted bail to Rahul Gandhi, who had filed an appeal following his conviction in the case. It is worth noting that if the court stays Gandhi's conviction, it could lead to the reversal of his disqualification. Previously, the court had denied interim protection to Rahul Gandhi in the case. Justice Hemant Prachchhak reserved the order and stated that he would announce the judgment after the summer vacation in June.

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"In the interest and appropriateness of the case, it is decided that the matter be finally decided and no interim protection be granted at this stage. Therefore, the matter is kept for final judgment after the summer vacation," Justice Prachchhak stated, as quoted by Bar and Bench.

The High Court also directed the Surat trial court to present the original "record and proceedings" of the case.

Rahul Gandhi was disqualified as a member of Lok Sabha in March after a Surat metropolitan magistrate's court sentenced him to two years in jail in the 2019 case relating to his remark, "why all thieves have the Modi surname." Subsequently, the Surat sessions court declined to stay the conviction in the matter.

The former Lok Sabha MP from Wayanad made the comment during a rally in Karnataka ahead of the 2019 Lok Sabha elections, targeting PM Modi due to his last name, which he shares with fugitive businessmen Nirav Modi and Lalit Modi.

The case was filed by BJP legislator Purnesh Modi. Following his conviction, Rahul was disqualified as an MP on March 24, in accordance with a Supreme Court ruling in 2013. According to the ruling, any MP or MLA is automatically disqualified if convicted and sentenced to two years or more.