A court in Gujarat’s Surat city on Thursday rejected Congress leader Rahul Gandhi’s application for a stay on his conviction in a criminal defamation case over his “Modi surname” remark.
The court of additional sessions judge R P Mogera rejected Gandhi’s plea for stay on conviction which, if allowed, could have paved the way for his reinstatement as the Member of Parliament.
While the BJP hailed the Surat court’s decision as a “victory” of the judiciary and the people, the Congress said it will continue to avail all options still available under the law.
Gandhi’s lawyer Kirit Panwala said the sessions court’s order will be challenged in the Gujarat
High Court.
On April 3, Gandhi’s lawyer filed two applications along with his main appeal against the lower court’s order sentencing him to two years in jail, one for bail and another for stay on conviction pending his appeal.
While dismissing Gandhi’s application, the court said his counsel failed to demonstrate that an “irreversible and irrevocable damage” is likely to be caused to him if he is denied the opportunity to contest election under section 8(3) of the Representation of the People Act, 1951, on account of his conviction not being stayed.
A metropolitan magistrate court here on March 23 sentenced Gandhi to two years in jail after convicting him under sections 499 and 500 of the Indian Penal Code for criminal defamation in the case filed by BJP MLA Purnesh Modi.
A day later, 52-year-old Gandhi, who was elected as the Lok Sabha member from Wayanad in Kerala in 2019, was disqualified under provisions of the Representation of the People Act.
