Gujarat HC judge recuses to hear Rahul's plea to freeze conviction
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New Delhi: On the appeal filed by Rahul Gandhi regarding the Modi surname case in Gujarat High Court, the judge assigned to hear it has recused herself, NDTV learned.
Justice Geeta Gopi has directed the court registry to hand it over to Chief Justice for assignment to a different bench.
Rahul's lawyer PS Chapaneri told NDTV that it would take two days to assign a new judge.
It was on Tuesday Rahul approached the High Court after a lower court rejected his plea to freeze his conviction in the case in which he allegedly defamed the surname Modi.
Last month, Rahul got disqualified from Lok Sabha as an MP, following a two-year jail term after being convicted in the Modi surname case. His position could not be reinstated unless the conviction was overturned or suspended. Also, he will not be able to contest elections for the next eight years.
Submitting his application, he argued that the Surat sessions court had erred in dismissing his plea seeking a stay of conviction, saying that the rejection had caused "irreparable and irreversible damage" to him.
But the judge observed that Rahul could not establish that he is facing "irreversible and irrevocable damage" if his conviction is not stayed. It also said that he is not allowed to contest in elections. The court agreed with the trial court, saying that of a person of position, Rahul must have exhibited a high standard of morality.
The court cited a judgement by the Supreme Court and said that it must take decisions to pause the conviction with caution and not in a casual and mechanical manner.