Gujarat High Court Rejects Rahul Gandhi's Plea, Upholds Conviction in Defamation Case
New Delhi/Ahmedabad: The Gujarat High Court has rejected Congress leader Rahul Gandhi's plea to stay his conviction in a criminal defamation case related to his "Modi surname" remark. Consequently, he will remain disqualified as a Lok Sabha MP. Gandhi plans to approach the Supreme Court, but his disqualification means it is unlikely he will return to Parliament during the upcoming Monsoon Session starting on July 20.
Justice Hemant Prachchhak, while dismissing the plea, stated that Rahul Gandhi already faces 10 criminal cases across India, and the lower court's decision to impose a two-year jail term on him for his remarks was "just, proper, and legal."
“He (Gandhi) was trying to stay the conviction on absolutely non-existent grounds. It is a well-settled principle of law that staying of conviction is not a rule, but an exception, resorted to only in rare cases. Disqualification is not only limited to MPs, MLAs. Moreover, as many as 10 criminal cases are pending against the applicant,” the HC said.
The judge highlighted the multiple pending criminal cases against Gandhi, including a complaint related to his defamatory remarks against Veer Savarkar in Cambridge and another filed in Lucknow.
Congress spokesperson and Gandhi's counsel, Abhishek "Manu" Singhvi, expressed disappointment but not surprise at the Gujarat High Court's decision. Singhvi said that the judgment presented unique jurisprudence without relevance to the defamation laws in India, particularly regarding the definition of the alleged defamed group of ‘13 crore people’. He also questioned the severity of a two-year punishment for defamation and referred to the Veer Savarkar issue as an unjustified basis for the judgment.
Congress president Mallikarjun Kharge declared that party members are not afraid of the BJP's "political conspiracy" and will fight both legally and politically. He accused the BJP of using lies in a conspiracy to suspend Rahul Gandhi from Parliament, reaffirming Gandhi's commitment to fighting for truth.
The BJP welcomed the Gujarat High Court's decision, rejecting Gandhi's plea for a stay on his conviction. Ravi Shankar Prasad, a BJP leader, criticised Gandhi for his refusal to apologise for the "Modi surname" jibe, citing irresponsible arrogance. Prasad emphasised that those claiming Gandhi's punishment was harsh should explain the severity of his offence.
After being convicted by the Surat lower court, Gandhi's appeal for a stay on conviction was also rejected by the sessions court in Surat. The court ruled that Gandhi's counsel failed to demonstrate that irreversible damage would occur if his conviction was not stayed, thereby denying him the opportunity to contest elections.
During the 2019 Lok Sabha election campaign, Gandhi had made the statement, "How come all thieves have the common surname Modi?" The BJP considered it an insult to the OBC community and filed a defamation case against Gandhi, leading to his conviction.
