Surat: 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 (MP).
While the Bharatiya Janata Party (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 Gujarat High Court. He also said the sessions court has set May 20 as the date to begin hearing on his appeal against the lower court’s March 23 order.
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.
While granting him bail on April 3, the court had issued notices to complainant Purnesh Modi as well as the state government for hearing on the Congress leader’s plea for a stay on his conviction.
After hearing both the sides, the court on April 13 reserved its order on Gandhi’s plea for stay on conviction which was rejected on Thursday.
Gandhi’s lawyer Panwala said the Congress leader will continue to remain out on bail till the disposal of his main appeal as per the court’s April 3 order.
Hitting out at the Congress, BJP national spokesperson Sambit Patra said, “The court’s decision is a blow to the arrogance of the Gandhi family, especially Rahul Gandhi.” It also proves that law is equal for everyone, he said. “There is a festive atmosphere in the country,” he added.
Patra alleged the Congress was “mobilising its ecosystem” after Gandhi’s conviction in the case last month “to carry out a movement against the judiciary and even got statements issued against India”.
“The Congress ecosystem created an atmosphere that there was bias against Gandhi in trial court judgment,” he alleged.
Slamming the Congress for raising questions on Gandhi’s conviction, Patra said, “Judiciary today said no matter how much pressure politics you resort to, we won’t buckle.” “Today, two entities have been defeated. One is the arrogance of the Gandhi family and the entire ecosystem which comes out on the streets in defence of the Gandhi family.
“This ecosystem includes some very big people in the country and abroad who swiftly come out in defence of the Gandhi family’s arrogance,” Patra added.
PTI

Press Trust of India