Surat Court Rejects Rahul Gandhi’s Plea to Stay Conviction in Defamation Case

20-04-2023 : Former Congressman and MP Rahul Gandhi’s request for a stay of execution in a defamation action stemming from his remark about the “Modi surname” was denied by the Surat court. After hearing the arguments, Additional Session Judge Robin P. Mogera declared that the appellant’s attorney had failed to show how Rahul Gandhi would suffer irreparable harm if the conviction was not overturned and he was denied the chance to run in the election due to his disqualification under section 8(3) of the Representation of the People Act, 1951.

The court cited previous pronouncements by the Supreme Court that the powers granted under section 389(1) of the Criminal Procedure Code (CrPC) to suspend or stay a conviction should be exercised with caution and circumspection. The court emphasized that if such powers are used casually and mechanically, it would have a serious impact on public perception of the justice delivery system and shake public confidence in the judiciary. The court concluded that Rahul Gandhi did not make out a compelling case to suspend the conviction recorded against him.

The court dismissed the application filed by Rahul Gandhi under sections 389 and 389(1) of the CrPC for staying his conviction imposed by the Chief Judicial Magistrate, Surat in Criminal Case No. 18712/2019. However, the court granted bail to Rahul Gandhi on April 3 to file an appeal against his conviction order. The court also issued notices to the complainant, Purnesh Modi, and the State Government on Rahul Gandhi’s appeal for a stay on his conviction.

Rahul Gandhi and the Government Counsel presented their cases to the Additional Session Judge, who then reserved a decision for proclamation on April 20. In a lawsuit brought by Bharatiya Janata Party (BJP) MLA Purnesh Modi, a trial court in Surat sentenced Rahul Gandhi, a Lok Sabha MP from Wayanad, to two years in prison on March 23 for violating sections 499 and 500 (defamation) of the Indian Penal Code (IPC). This resulted in Gandhi’s disqualification. During a campaign rally leading up to the 2019 Lok Sabha elections, Rahul Gandhi used the surname “Modi” and said, “How come all the thieves have Modi as the common surname?”

As per a 2013 ruling by the Supreme Court, any MP or MLA is automatically disqualified if convicted and sentenced to two years or more.