Defamation Case: Gujarat HC Declines Interim Relief To Rahul Gandhi

May 2, 2023 | Author: News Desk

The Gujarat High Court refused to provide interim relief to Congress leader Rahul Gandhi on his plea for a stay of conviction in a criminal defamation case stemming from his “Modi surname” statement on Tuesday, saying its final decision will be issued after the summer vacation.

Abhishek Manu Singhvi, counsel for Gandhi (52), cited “extreme urgency” in seeking an interim or final ruling from the court after arguments from both parties in the case completed throughout the day.

The court of Justice Hemant Prachchhak, however, said no interim protection can be granted at this stage.

Justice Prachchhak stated that he will issue a final ruling only after reviewing the documents and processes, and that the case will be heard once the HC reopens from May 8 to June 3.

Advocate Nirupam Nanavati, who appeared for Gujarat Bharatiya Janata Party (BJP) MLA Purnesh Modi, the original complainant in the case, also opposed Singhvi’s prayer for interim relief to the disqualified Lok Sabha MP.

The HC heard Gandhi’s appeal against the sessions court’s ruling last month refusing to suspend his conviction in the 2019 defamation case after a trial court in Surat convicted and sentenced him to two years in prison, disqualifying him as a Member of Parliament.

In 2019, the Congress leader was elected to the Lok Sabha from Wayanad in Kerala.

On March 23, the Surat trial court sentenced the former Congress president to two years in prison after convicting him under Indian Penal Code (IPC) sections 499 and 500 (relating to criminal defamation) in the case filed by BJP legislator Modi.

Modi, a former Gujarat minister, had filed a criminal defamation case against Gandhi over his “How come all thieves have Modi as the common surname?’ remark made during an election rally at Kolar in Karnataka on April 13, 2019.

On April 3 this year, Gandhi’s lawyer approached the Surat sessions court and filed two applications — one for bail and the other for stay of conviction pending his appeal along with his main appeal against the lower court’s order sentencing him to two years in jail.

While the sessions court granted bail to Gandhi, it rejected his plea for stay on conviction.

Justice Gita Gopi recused herself from hearing the matter on Wednesday after it was brought to her for an urgent hearing.

Justice Prachchhak was then given charge of the case.