Surat (Gujarat):In a major blow to Rahul Gandhi the Surat court dismissed the bail plea of former Congress MP Rahul Gandhi's seeking a stay on his conviction in the criminal defamation case over his 'Modi surname' remark.
On April 3, the Surat Sessions Court granted bail to the Congress leader, who had filed an appeal following his conviction in the case. While granting bail to the former MP, the court also issued notices to complainant Purnesh Modi and the state government on the Congress leader's plea for a stay on his conviction. It heard both parties and then reserved the order for April 20.
The case was filed against Gandhi by Bharatiya Janata Party (BJP) MLA Purnesh Modi under sections 499 and 500 of the Indian Penal Code for Gandhi's "Modi surname" remark. Gandhi was sentenced to two years in jail by a metropolitan magistrate court in Surat on March 23, 2023. Rahul Gandhi - an MP from Wayanad in Kerala was disqualified after the court order. If the stay order is granted, it could pave the way for Gandhi's reinstatement as a Member of Parliament.
Gandhi's lawyers filed two applications in the sessions court, one for a stay on the sentence and another for a stay on conviction until the disposal of the appeal. The court granted Gandhi bail and issued notices to the complainant and the state government on his plea for a stay on conviction. The court heard both parties last week and reserved the order for April 20.
During the hearing, Gandhi's lawyer argued that the trial in the case was "not fair" and there was no need for maximum punishment in the case. Gandhi submitted that if the trial court's judgment is not suspended and stayed, it will cause irreparable damage to his reputation. He said the excessive sentence is contrary to the law on the subject and unwarranted in the present case which has overriding political overtones.
Gandhi also stated that his conviction was "erroneous" and "patently perverse" and the trial court treated him harshly after being overwhelmingly influenced by his status as an MP. He said that he was sentenced in a manner to attract the order of disqualification because the trial court was well aware of his status as a parliamentarian.
Gandhi was elected to the Lok Sabha from Wayanad in Kerala in 2019 but was disqualified a day after the metropolitan magistrate court in Surat sentenced him to two years in jail. A stay order would not only reinstate Gandhi as an MP but also give him an opportunity to revive his political career.
At a rally in Karnataka's Kolar in April 2019, Rahul, in a dig at Prime Minister Narendra Modi, said, "How come all the thieves have Modi as the common surname?". Following his conviction, Rahul was disqualified as an MP on March 24, as per a Supreme Court ruling in 2013. Under the ruling, any MP or MLA is automatically disqualified if convicted and sentenced to two years or more.
