07-06-2023 : In a significant blow to Congress leader Rahul Gandhi, the Gujarat High Court has dismissed his petition seeking a stay on his conviction in a criminal defamation case. The case stems from Gandhi’s statement during an election campaign where he referred to people with the surname “Modi” as “thieves.” Following his conviction by a Surat court in March, Gandhi was disqualified as a Lok Sabha MP. The single-bench judge, Hemant Prachchhak, rejected Gandhi’s plea for a stay on conviction, stating that such stays are exceptions and not the norm. The court also highlighted that several other criminal cases are pending against Gandhi, including a defamation case filed by the grandson of Vinayak Damodar Savarkar.
As a result of this order, Gandhi will remain dismissed as the Wayanad MP unless he receives respite from the Supreme Court. In March, a magisterial court in Surat found Gandhi guilty of criminal defamation and sentenced him to two years of imprisonment, the maximum punishment for such cases. Consequently, he was disqualified as a member of parliament representing the Wayanad constituency in Kerala. However, his status as an MP can be restored if the Supreme Court decides to stay the conviction order.
The Gujarat government opposed Gandhi’s plea, describing his conviction as a serious offense. Gandhi’s advocate, Abhishek Manu Singhvi, questioned the state government’s locus standi and cited cases where convictions were stayed for legislators convicted of serious offenses. The defamation case was filed by Surat BJP leader Purnesh Modi after Gandhi’s public speech in Karnataka in 2019, where he made the remark linking the Modi surname to thieves.
During the court proceedings, Gandhi argued that only Narendra Modi could be considered the aggrieved person in the defamation case and that Purnesh Modi, the complainant, had no right to file the complaint on his behalf. Gandhi claimed that apart from the statement about thieves with the surname Modi, all the alleged defamatory comments were directed towards Narendra Modi personally. Additionally, Gandhi’s petition highlighted that the complainant, Purnesh Modi, had previously been known as “Purnesh Bhootwala” and adopted the “Modi” surname in 1988.
The high court had reserved the order on May 2 while denying Gandhi any interim relief. Justice Prachchhak emphasized the need to thoroughly examine the case before passing any order. The outcome of this legal battle now depends on whether the Supreme Court grants a stay on the conviction, which would enable Gandhi to regain his status as a member of parliament.
This development further adds to the legal challenges faced by Rahul Gandhi and underscores the complexity of navigating defamation cases in India’s political landscape. The court’s decision will have significant implications for Gandhi’s political career and may shape the discourse on freedom of speech and expression in the country.
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