Modi surname case: Gujarat HC rejects Rahul Gandhi's plea on stay, says 'order is just, proper & legal'

“The order is just, proper and legal,” said the Gujarat High Court on Friday as it rejected Congress leader Rahul Gandhi’s plea seeking a stay on his conviction in a criminal defamation case over his remark on “Modi surname”.

The high court’s verdict comes as a major setback for Gandhi, as he will now remain disqualified as the Member of Parliament (MP). A stay on his conviction would have paved the way for his reinstatement as MP.  

The bench of Justice Hemant Prachchhak reserved order on Gandhi’s plea on May 2.

The criminal defamation case was filed over a remark made by Gandhi, a former MP, during the 2019 Lok Sabha campaign at Kolar in Karnataka.

Referring to people like Lalit Modi, Nirav Modi, Gandhi had asked “why all thieves have the same surname?”.

What can Rahul Gandhi do now? 

Gandhi can now take his appeal to a larger bench of Gujarat High Court and finally to the Supreme Court.

During the hearing, Gandhi’s lawyer had argued that punishment of two years for a bailable, non-cognisable offence meant his client could lose his Lok Sabha seat “permanently and irreversibly”, which was a “very serious additional irreversible consequence to the person and the constituency he represents”.

Who had filed defamation case against Rahul Gandhi?

BJP MLA and former Gujarat minister Purnesh Modi had filed a criminal defamation case against Gandhi, alleging that the latter’s comment defamed the entire Modi community,

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The Congress leader has maintained that there was no malafide intention on his part when he made the statement in question.

Also Read: Setback for Rahul Gandhi in Modi surname case: The defamation suit explained

Gandhi was convicted on March 23, 2023, by the Court of Chief Judicial Magistrate, Surat, which sentenced him to two years imprisonment.

Following the court’s verdict, Gandhi was disqualified as a member of Lok Sabha.

Gandhi’s sentence was, however, suspended on March 23 and he was also granted bail on the same day to enable him to move an appeal against his conviction within 30 days.

Gandhi approached the Surat Sessions Court on April 3, assailing his conviction and further seeking a stay on his conviction, which was rejected on April 20.

However, Surat Sessions Court on April 3 granted bail to Gandhi till the disposal of his appeal.

With inputs from agencies