The Gujarat High Court on Tuesday reserved its verdict on a plea by Congress leader Rahul Gandhi seeking a stay on his conviction in a criminal defamation case over his ‘Modi surname’ remark, reported Live Law.
The bench of Justice Hemant Prachchhak also refused to grant the 52-year-old leader interim protection as sought by his counsel senior advocate Abhishek Manu Singhvi. The decision on whether a stay would be granted on his conviction is likely to be pronounced in June, after the High Court reopens post-vacation.
On Saturday, Gandhi’s lawyer Abhishek Manu Singhvi told the court that the state prosecution, as well as the complainant, did not have a locus standi to oppose the Congress leader’s plea.
The HC was hearing Gandhi’s revision application against the Surat Sessions Court April 20 order declining a stay on his conviction.
The Gujarat High Court had adjourned the hearing to May 2 as advocate Nirupam Nanavati, lawyer of the complainant and BJP MLA Purnesh Modi, sought time to file a reply.
Singhvi said in the court that there are six grounds on which he was seeking a stay in the conviction, adding that the conviction is neither an offence of moral turpitude nor does it comprise a serious offence, as defined under various judgments, reported The Indian Express.
The lawyer also said that the alleged defamatory statement by Gandhi doesn’t invoke any identifiable class of people, and only three people were named in Gandhi’s statements, including Nirav Modi, Mehul Choksi and Vijay Mallya, and none were complainants in the case.
Justice Hemant Prachchhak orally remarked during Singhvi’s arguments that conviction is neither an offence of moral turpitude nor does it comprise a serious offence, as defined under various judgments. “It is more his duty towards the public at large, he is representing the public at large, he has to make statements within limits and within bounds,” he added.
What is the Rahul Gandhi defamation case?
On March 23, Gandhi was sentenced to two years imprisonment by a Surat magistrate’s court after convicting him in a criminal defamation case.
Gandhi, in an election campaign speech in Kolar, Karnataka, in 2019, had remarked, “How come all thieves have Modi surname.” BJP leader and former Gujarat minister Purnesh Modi had filed a criminal defamation case against him for the remarks made ahead of the Lok Sabha elections. Gandhi, who represented the Wayanad seat in Kerala, lost his Lok Sabha membership after the conviction.
The former Waynad MP then moved the sessions court seeking bail and a stay to his conviction pending his appeal. Although the court granted him bail it refused to stay the conviction, following which he moved the High Court.
Earlier, Justice Gita Gopi recused herself from hearing the case, following which the matter was reassigned to Justice Prachchhak.
