A Surat Court has rejected the application filed by Congress leader Rahul Gandhi seeking a stay on his conviction in the 2019 defamation case on the 'Modi surname' remark. With this, his disqualification as an MP will stand and he will be barred from contesting elections for eight years. He has also been asked to vacate his government-allotted bungalow. Last week, the court of Additional Sessions Judge RP Mogera reserved its verdict for April 20. Gandhi had earlier submitted that the trial court treated him harshly after being overwhelmingly influenced by his status as an MP.
The court of Additional Sessions Judge RP Mogera rejected Gandhi's plea for stay of conviction in a 2019 defamation case over his "Modi surname" remark. It said a "high standard of morality" is expected from a person like the appellant, adding that the trial court had imposed a sentence that was permissible in law.
In its order on Thursday, the additional sessions court also observed that Gandhi's removal or disqualification as MP under section 8(3) of Representation of the People Act, 1951 "cannot be termed as irreversible or irreparable loss or damage." "Any defamatory words coming from the mouth of appellant are sufficient enough to cause mental agony to an aggrieved person," the court of additional sessions judge RP Mogera said in its order.
By uttering defamatory words and comparing persons having 'Modi' surname with thieves "would definitely have caused mental agony and harm the reputation of complainant Purnesh Modi, who is socially active and dealing in public," the court said.
Gandhi was convicted by the Surat lower court and sentenced to prison for two years last month in the case filed by BJP MLA Purnesh Modi under sections 499 and 500 (defamation) of the Indian Penal Code. A day later, he was disqualified as a member of the Lok Sabha, sparking a huge protest by Congress and other Opposition parties.
The former Lok Sabha MP from Wayanad had said "how come all thieves have the common surname Modi?" while addressing a rally in Karnataka ahead of the 2019 Lok Sabha election, targetting PM Modi over his last name which he shares with fugitive businessmen Nirav Modi and Lalit Modi.
On April 3, Gandhi moved the sessions court against the lower court's order. His lawyers filed two applications -- one for a stay on the sentence (or bail till the disposal of his appeal) and another for a stay on conviction till the disposal of the appeal.
While granting Gandhi bail, the court issued notices to complainant Purnesh Modi and the state government on his plea for a stay on conviction. It heard both parties on Thursday last week.
After being granted bail, Rahul Gandhi called it a fight to save democracy against "Mitrakaal". "This is a fight to save democracy against 'Mitrakaal'. In this struggle, truth is my weapon, and truth is my support!" Gandhi had tweeted.
During the hearing, Gandhi's lawyer told the court that the trial in the case was "not fair" and there was no need for maximum punishment in the case.
In his submission, Gandhi said that if the March 23 judgment of the trial court was not suspended and stayed, it would cause irreparable damage to his reputation.
He said the excessive sentence was contrary to the law on the subject and unwarranted in the present case that had overriding political overtones.
The former Congress chief said he was sentenced in a manner so as to attract the order of disqualification because the trial court was well aware of his status as a Parliamentarian.
Opposing Gandhi's plea, MLA Modi had told the court that the Congress leader was a repeat offender with several criminal defamation proceedings against him going on in different courts across the country.
He also accused Gandhi of making "unfair and contemptuous comments" against the court through his aides, associates, and leaders of his party and others at his behest following his sentencing.
"The accused is in the habit of making such defamatory and irresponsible statements which may either defame others or may hurt the feelings of others, in the name of freedom of speech and political criticism and dissent," Modi had stated in his affidavit