Modi Surname Case: Gujarat HC Dismisses Rahul Gandhi's Plea To Suspend Conviction

In a major setback to Congress leader Rahul Gandhi, the Gujarat High Court on Friday refused to stay his conviction and two-year jail term in a criminal defamation case, costing him his Parliament membership.

Rahul Gandhi will not be able to contest elections or seek revocation of the suspension of his status as a Member of Parliament (MP). He can appeal the High Court order in Supreme Court.

The Trial Court conviction order is proper, there is no need to interfere with the said order. Therefore, the application is dismissed, ruled the Gujarat High Court.

The Court further noted that at least 10 criminal cases are pending against Rahul Gandhi.

"'Even after the present case, some more cases filed against him. One such is filed by the grandson of Veer Savarkar. In any way, the conviction would not result in any injustice," said the high court.

The High Court verdict is a huge blow to the Congress as it plans strategy for a series of assembly polls and the crucial Lok Sabha elections in 2024.

In May, Justice Prachchhak, while hearing Gandhi's plea, had refused to grant any interim relief saying it will pass a final order after the summer vacation, which ended three weeks back.

During a hearing on April 29, Gandhi's lawyer had argued that a maximum 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".

A metropolitan magistrate's court in Surat sentenced the former Congress president to two years in jail on March 23 after convicting him under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation) in a 2019 case filed by Bharatiya Janata Party MLA Purnesh Modi.

Following the verdict, Gandhi, elected to the Lok Sabha from Wayanad in Kerala, was disqualified as MP under the provisions of the Representation of the People Act.

Gandhi challenged the order in a sessions court in Surat along with an application seeking a stay on the conviction. While granting him bail, the court, on April 20, refused to stay the conviction, after which he approached the high court.

Surat West MLA Purnesh Modi 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.