New Delhi/Surat: A Surat court on Thursday rejected Congress leader and former MP Rahul Gandhi’s request to put on hold his conviction in a defamation case over his “Modi surname” remark.
Additional Session Judge Robin P. Mogera after hearing arguments said, “I hold that the Ld. Counsel for the appellant has failed in demonstrating that by not staying the conviction and denying an opportunity to contest the election on account of disqualification u/s. 8(3) of the Representation of the People Act, 1951an irreversible and irrevocable damage is likely to be caused to the Appellant.
The Hon’ble Apex Court has held in numbers of pronouncements that the powers accorded under section 389(1) of CrPC to suspend/stay the conviction is required to be exercised with caution and circumspection and if such power is exercised in a casual and mechanical manner, the same would have serious impact on the public perception on the justice delivery systems and such order will shake public confidence in judiciary.
Hence, I am of the opinion that the Appellant has not made out any case to suspend the conviction recorded against him.”
The court said, “An application Exh.5 -preferred by Appellant Mr. Rahul Gandhi u/s.389 and 389(1) of the Code of Criminal Procedure, 1973 for staying the conviction imposed by the judgment and order dated 23/3/2023 by the Ld. Chief Judicial Magistrate, Surat in Criminal Case No.18712/2019 is
hereby dismissed”.
The Surat Court granted bail to the Gandhi on April 3, for filing an appeal against his conviction order.
The court also issued notices to complainant Purnesh Modi and the State Government on the Congress leader’s appeal for a stay on his conviction.
Additional Session Judge after hearing argument on behalf of Gandhi and Government Counsel reserved its order for pronouncing on April 20.
Rahul Gandhi, who was a Lok Sabha MP from Wayanad was disqualified after a trial court in Surat sentenced him to two years in jail on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi.
Rahul Gandhi made a remark using the surname ‘Modi’ while addressing a campaign event ahead of the 2019 Lok Sabha elections in a rally and said,”How come all the thieves have Modi as the common surname?”
Under the Supreme Court ruling in 2013 any MP or MLA is automatically disqualified if convicted and sentenced to two years or more.
UNI
