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.

Also read this:‘Never Met Rahul, Sonia Gandhi In Person’: BJP’s Pankaja Munde Rejects Reports Of Joining Congress

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.

The post Modi surname case: Another setback for Rahul; BJP, Congress lock horns again appeared first on Republic Aeon.

Section 504 of the Indian Penal Code has found Gandhi guilty. Two years is the utmost possible sentence under this section.The court also granted him parole and suspended his sentence for 30 days so he could appeal to a higher court, according to the attorney for the Congress leader, Babu Mangukiya.

Gandhi was present during the verdict’s announcement.Last month, the final arguments in the case resumed after the Gujarat High Court lifted its halt on proceedings imposed on the complainant’s request for Gandhi’s personal appearance.

The case was launched against Rahul Gandhi for his alleged remark, “How come all the thieves have Modi as a common surname?” The complaint was filed by former Gujarat minister and BJP MLA Purnesh Modi.The complainant alleged that a defamatory remark made at a rally in Kolar, Karnataka, ahead of the 2019 Lok Sabha elections defamed the entire Modi community.

The Congress posted posters supporting Rahul Gandhi on Thursday. Posters were placed in front of the Surat court where the Congress representative arrived for court proceedings. Along with images of Bhagat Singh and Sukhdev, the posters stated, “Let’s go to Surat to support democracy.”

What is the defamation case regarding the Modi surname?

The case was lodged against the former Congress leader in 2019 for a comment he made at a rally in Kolar, Karnataka. In the rally preceding the 2019 Lok Sabha elections, Rahul Gandhi questioned why all criminals share the surname Modi.

Purnesh Modi, a BJP MLA and former Gujarat minister, took offence to the remark, claiming that it defamed the entire Modi community.Then, Purnesh Modi filed a complaint against Rahul Gandhi, and a defamation case was filed against the MP for Wayanad under IPC Sections 499 and 500.

The reaction of Rahul Gandhi after being convicted

“My faith is founded on the truth and nonviolence. Truth is my God, and nonviolence is the means to obtain it,” tweeted Congress MP Rahul Gandhi after being convicted and sentenced to two years in prison by a Surat court on Thursday in a criminal defamation case involving a comment he made about the Modi surname.

मेरा धर्म सत्य और अहिंसा पर आधारित है। सत्य मेरा भगवान है, अहिंसा उसे पाने का साधन।

– महात्मा गांधी

— Rahul Gandhi (@RahulGandhi) March 23, 2023

The Gandhi descendant, who was present in court prior to the verdict, stated, “My intent was not malicious.”

The response of the Congress to Rahul Gandhi’s conviction

The president of the Congress, Mallikarjun Kharge, stated, “We believe in law and the judiciary, and we will fight this in accordance with the law.”

“Bail has been granted. We knew from the start because the judges kept shifting. We believe in law and the judiciary, and we will fight against this in accordance with the law, said Congress President Mallikarjun Kharge in response to Rahul Gandhi’s conviction in the criminal defamation case lodged against him for his alleged ‘last name of Modi’ remark.

Chief Minister of Rajasthan Ashok Gehlot referred to him as “courageous” and stated that only he can compete with the NDA government.

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“We continue to assert that our democracy is in jeopardy, as there is pressure on the judiciary, ECI, and ED, and they are all abused. All decisions are made under influence. Such remarks are typical… “Rahul Gandhi is a brave man, and only he can compete with the NDA government,” said Ashok Gehlot, chief minister of Rajasthan.

The post ‘Modi Surname’ Case: Rahul Gandhi Sentenced 2 Years Jail,gets bail appeared first on Republic Aeon.