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'Modi Surname' defamation case verdict: What happens next for Rahul Gandhi

2023-07-17 00:00:00.0 铸币报-政治原网页

The Gujarat High Court has rejected the review plea filed by former MP and Congress leader Rahul Gandhi, seeking to stay the conviction in a criminal defamation case related to his 'Modi Thieves' remark.

This setback means he could potentially face imprisonment and would lose his parliamentary seat while appealing against the guilty verdict.

Speaking about the development, AICC general secretary K C Venugopal said, "We will move SC against Gujarat HC order dismissing Rahul Gandhi's plea to stay his conviction in the defamation case."

As reported by LiveLaw, the plea was heard by Justice Hemant Prachchhak, and the court had reserved its order on May 2. However, the court has now dismissed Gandhi's review plea.

During the 2019 Lok Sabha campaign, Rahul Gandhi made a remark that led to the filing of a criminal defamation case against him.

He questioned why individuals like Lalit Modi and Nirav Modi, who share the same surname, were involved in wrongdoing, stating "why all thieves have the same surname?" This remark formed the basis of the criminal defamation case.

BJP MLA and former Gujarat minister Purnesh Modi filed a criminal defamation case against Rahul Gandhi, claiming that his comment defamed the entire Modi community. Gandhi, on the other hand, has asserted that he did not have any malicious intent when he made the statement in question.

After nearly two years of stagnation in the courts, the case against Rahul Gandhi was resumed earlier this year, leading to his conviction for defamation in March.

However, his sentence was suspended, and he was granted bail on the same day, allowing him to file an appeal against his conviction within 30 days.

On April 3, Gandhi approached the Surat Sessions Court to challenge his conviction and requested a stay on the sentence, but his request was rejected on April 20. Nevertheless, the Surat Sessions Court granted him bail on April 3, which would remain in effect until his appeal is disposed of.

The judge imposed the maximum sentence of a two-year jail term, citing Gandhi's "status as a parliamentarian," which amplified the seriousness of his comments due to their public nature.

The minimum jail sentence was necessary to initiate Gandhi's expulsion from parliament, which occurred within 24 hours of his conviction. If his sentence is upheld, it could result in a six-year ban on holding political office for Gandhi.

A stay on conviction would pave the way for Gandhi's reinstatement as a Member of Parliament (MP). 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.