As Congress leader Rahul Gandhi, who was disqualified from Parliament, heads to Gujarat to file an appeal in court against his conviction in a defamation case over "Modi surname" remarks, Babu Mangukiya, senior advocate representing Rahul Gandhi's legal team on Monday told ABP Live that there will be two application filed along with an appeal memo. The first application will be for Suspension of Sentence (This is an application for regular bail) and the second application will be for Suspension of Conviction.
On the question posed by Law Minister Kiren Rijiju, he said that the Congress leader needs to be present because he has to sign the bail bond. Gandhi's lawyers have said that the sessions court will likely hear the matter on Monday, and the Congress leader will seek suspension of his sentence.
Several senior Congress leaders, including Priyanka Gandhi Vadra and chief ministers of three Congress-ruled states, are expected to accompany him to court. Senior party leaders, such as Rajasthan Chief Minister Ashok Gehlot, Congress Rajya Sabha member K C Venugopal, and Chhattisgarh Chief Minister Bhupesh Baghel, will likely be in the city as Gandhi moves court.
On March 23, the court of Chief Judicial Magistrate H H Varma in Surat convicted 52-year-old Gandhi and sentenced him to two years in jail in a 2019 criminal defamation case filed against him over his "Modi surname" remarks. The court granted him bail and suspended the sentence for 30 days to appeal in a higher court. On March 24, Gandhi was disqualified from the Lok Sabha following his conviction by the Surat court in the case.
The case was filed against Gandhi on a complaint by Bharatiya Janata Party MLA and former Gujarat minister Purnesh Modi for the Congress leader's alleged remarks “How come all thieves have Modi as the common surname?” Gandhi, who had served as an MP from Wayanad in Kerala, made the remarks while addressing a rally at Kolar in Karnataka on April 13, 2019, during the Lok Sabha elections campaign.
As per the Representation of the People Act, 1951, an MP or an MLA convicted for any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction. The sentence of two years invited his disqualification from the membership of Parliament.