Priya Aditi
Modi surname case: The Gujarat High Court has denied Rahul Gandhi’s request for a review of his conviction in a criminal defamation case related to his ‘Modi Thieves’ remark.
This setback means that he could face imprisonment and would forfeit his seat in the legislature while appealing the guilty verdict.
K C Venugopal, general secretary of the AICC, stated, “We will appeal the Gujarat High Court’s decision to deny Rahul Gandhi’s request to stay his conviction in the defamation case.”
According to LiveLaw, Justice Hemant Prachchhak heard the appeal, and the court deferred its decision on May 2. However, the court has now denied Gandhi’s motion for reconsideration.
During the 2019 Lok Sabha election campaign, Rahul Gandhi made a remark that led to a criminal defamation complaint being filed against him.
He questioned why individuals with the same surname, such as Lalit Modi and Nirav Modi, were embroiled in wrongdoing, stating, “Why do all thieves have the same surname?” The criminal defamation prosecution was based on this statement.
Purnesh Modi, a BJP legislator and former Gujarat minister, filed a criminal defamation suit against Rahul Gandhi, alleging that the latter’s remark defamed the entire Modi community. Gandhi, on the other hand, has stated that he did not intend malice when he made the disputed statement.
After nearly two years of stalemate in the courts, the defamation case against Rahul Gandhi was resumed earlier this year, resulting in his conviction in March.
However, his sentence was suspended and he was granted bail the same day, allowing him to submit an appeal within 30 days.
Gandhi appeared before the Surat Sessions Court on April 3 to contest his conviction and request a stay of execution, but his request was denied on April 20. On April 3, however, the Surat Sessions Court granted him parole, which will remain in effect until the outcome of his appeal.
The judge inflicted the maximum sentence of two years in prison, citing Gandhi’s “status as a parliamentarian,” which heightened the gravity of his public comments.
Within twenty-four hours of Gandhi’s conviction, he was expelled from parliament, which required the minimum prison sentence. If his conviction is affirmed, Gandhi could be barred from holding political office for six years.
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Gandhi’s reinstatement as a Member of Parliament (MP) would be made possible by a stay of conviction. In May, while hearing Gandhi’s petition, Justice Prachchhak refused to grant any interim relief, stating that a final order would be issued after the summer recess, which concluded three weeks ago.
