Ahmedabad: The Gujarat High Court did not grant interim suspension of sentence to Congress leader Rahul Gandhi in a criminal defamation case over his “Modi surname” remark, in which he was sentenced to two years in jail by a Surat court.
“There is no interim protection. Justice Hemant Prachchak said the matter will be decided after the court reopens after vacation. Friday is the last working day for the Gujarat High Court and it is expected to reopen on June 5. .
Gandhi’s counsel requested the judge to pass an interim order but the same was refused.
Gandhi’s conviction by a Surat court resulted in his disqualification as a Member of Parliament and the stay of the conviction could pave the way for Gandhi’s reinstatement as a Lok Sabha member.
The law states that if a member is convicted of an offense punishable with imprisonment for two or more years, he shall be disqualified as a Member of Parliament.
Senior advocate Nirupam Nanavati, who represented the complainant, reserved the arguments after hearing Purnesh Modi, a BJP MLA from Gujarat, and senior advocate Abhishek Singhvi, who represented Gandhi.
Justice Prachhak’s court allowed the complainant to submit additional documents opposing Gandhi’s criminal revision petition against the Surat sessions court order which dismissed his plea to stay his conviction and put the case on hold. It was posted for hearing on May 2.
According to Nanavati, Gandhi’s disqualification was not the result of any action taken by the court or the complainant, but was the result of a law passed by Parliament. Therefore, Gandhi cannot argue that he is facing an irreparable loss.
During the court proceedings, Nanavati argued that Gandhi did not express any regret for his comments made at a public rally in Karnataka in 2019, where he insisted that persons with the surname Modi are thieves. Furthermore, Nanavati said that after Gandhi’s conviction by the Surat court on 23 March, he held a press conference and referred to the sentence as a ‘gift’ to him.
He alleged that Gandhi had committed 12 different offences, which amounted to defamation. “His stand in public and in the courtroom is different. If you are persuasive and if this is your stand (not apologetic), don’t come here with your prayers. Don’t come here and cry like a cry baby for the consequences you have to face. Stick to your stand publicly or say you have other intentions,” Nanavati said.
Gandhi’s counsel Singhvi told the court that the alleged offense does not involve an element of moral turpitude, it is a non-cognizable, bailable and non-serious offense and hence the conviction should be suspended.
It has caused him (Gandhi) a loss, he loses the right to represent the voice of the people. The people of the region lose their voice. Singhvi said, “We the people” have lost their complete right to collectivity.
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