Modi Surname Case: Relief For Rahul Gandhi As Patna HC Stays Lower Court Order Till May 15

Modi Surname Case: Rahul Gandhi appealed against an order asking him to appear in a Patna court over a case filed by BJP leader Sushil Kumar Modi. The Patna High Court granted him relief in the matter.

File Photo | Rahul Gandhi’s counsel said that all lower court proceedings have been stayed by Patna High Court till May 15 as the matter pertaining to the Modi surname remark is already under trial in Surat court. 

Source : Facebook/@RahulGandhi

The Patna High Court on Monday granted relief to Congress leader Rahul Gandhi staying the order of a lower court till May 15, 2023, in the 'Modi surname' case. Rahul Gandhi appealed against an order asking him to appear in a Patna court over a case filed by BJP leader Sushil Kumar Modi. Rahul’s counsel said that all lower court proceedings have been stayed till May 15 as the matter is already under trial in Surat court. 

"We had filed a quashing petition. When a matter is already under trial in Surat court then there cannot be another trial in a different court in the same matter, this is illegal. The next hearing is on May 15 & all lower court proceedings have been stayed till then. The court accepted his plea and gave him relief. Now he will not have to appear in the lower court in Patna": Advocate Virendra Rathore, Rahul Gandhi’s counsel, told news agency ANI.

BJP leader Sushil Kumar Modi’s counsel said that the lower court of Patna had asked him to appear in court on April 12 and present his case. "Against that order of the lower court, Rahul Gandhi filed a petition to quash the order in High Court. The court has asked me to keep my argument on this matter," advocate SD Sanjay said, as quoted by ANI.

2019 Modi Surname Defamation Case: Rahul Gandhi's Conviction, Disqualification As MP

This relief to the former Wayanad MP comes as his appeal against conviction in the Modi surname case was dismissed by a Surat court last week.

A Surat court on March 23 convicted Gandhi in a criminal defamation case sentencing him to two years imprisonment, leading to his disqualification. He had challenged the magisterial court order in the sessions court in Surat which rejected his appeal to set aside the conviction. 

A day after his disqualification, the Lok Sabha Secretariat sent Gandhi a notice to vacate the premises by April 22. 

Last week, nearly a month after he was disqualified as a Lok Sabha MP, Rahul Gandhi vacated the 12, Tughlaq Lane bungalow.

The Congress on Thursday said it will continue to avail all options still available under the law after a Gujarat court rejected Rahul Gandhi's application for a stay. "A wrong verdict has been affirmed, we will use our alternatives," Congress leader and senior advocate Dr. Abhishek Manu Singhvi said addressing a presser.