'Modi surname' defamation case: In a major setback for Congress leader Rahul Gandhi, the Surat sessions Court on Thursday rejected the application filed by the Congress leader seeking a stay on his conviction in the 2019 defamation case on the 'Modi surname' remark. Now, the Congress leader will move High Court to challenge the sessions court's order.
On April 13, the Additional Sessions court in Surat had reserved its verdict for April 20 on Gandhi’s application for a stay on conviction pending his appeal against a lower court’s order sentencing him to two years in jail in the case. Earlier Gandhi contended that the trial court mistreated him after overwhelmingly influenced by his status as an MP.
Meanwhile, Gandhi's lawyer argued before the court that the trial was "unfair" and that the case did not require the maximum penalty. Gandhi said in his application that his reputation would be irreparably harmed if the trial court's March 23 judgement was not deferred and stayed. He said that the high sentence violated the relevant legal provisions and was unjustified in the current case, which strongly had political connotations.
What Rahul Gandhi said on his conviction?
Gandhi termed his conviction as "erroneous" and "patently perverse" and said the trial court treated him harshly after being overwhelmingly influenced by his status as an MP.
“The appellant has been treated harshly at the stage of determination of sentence taking into account his position as a Member of Parliament, hence the far-reaching implications would have been in the knowledge of the trial court,” he said.
The Congress leader said that 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 his plea, complainant Gujarat MLA Purnesh Modi told the court that Gandhi is a repeat offender with several criminal defamation proceedings against him going on in different courts across the country.
Surat court sentences Rahul Gandhi to 2 years in jail
It should be mentioned here that a court in Gujarat's Surat sentenced Congress leader Gandhi to two years in jail in a 2019 criminal defamation case filed against him over his "Modi surname" remarks. He stated this while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.
Notably, the complaint against his remarks was lodged by BJP MLA and former Gujarat minister Purnesh Modi. A case was filed against Gandhi for his alleged “how come all the thieves have Modi as the common surname?” The case was filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi under sections 499 and 500 (defamation) of the Indian Penal Code.
On April 3, Gandhi moved the sessions court against the lower court’s order. His lawyers also filed two applications, one for a stay on the sentence and another for a stay on conviction till the disposal of the appeal.
ALSO READ: Temporary relief for Rahul Gandhi in Modi surname defamation case: Here's what Surat Court said
The order was reserved for April 20
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 and reserved the order for April 20.
He said that the way Gandhi came to file his appeal shows “extraordinary arrogance” and “a very dirty display of childish arrogance and an immature act of bringing pressure upon the court”. Many Congress leaders had accompanied Gandhi when he went to file his appeal.
He also accused him 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.
(With PTI inputs)
