Gujarat HC calls session court’s ruling ‘just and legal’ to affirm Rahul’s conviction
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Ahmedabad: The Gujarat High Court upheld the sessions court’s verdict convicting Congress leader Rahul Gandhi in a defamation case, calling the ruling ‘just and legal’ and rejected Rahul’s plea seeking a stay on the conviction.
Gandhi had been sentenced to two years' imprisonment by a Surat magistrate court on criminal defamation charges in connection with his ‘Modi surname for all thieves’ remark.
Justice Hemant Prachchhak, while rejecting the plea, observed that Gandhi would not face any injustice if the conviction is not stayed, stating that stays on beliefs are exceptions.
However, the court added that the criminal appeal should be decided on its own merits and with expediency. It also took into consideration that Gandhi is currently facing multiple criminal cases, including a criminal defamation case filed by VD Savarkar's grandson.
The Gujarat High Court had heard Gandhi's petition against his conviction in April and May, with the arguments concluding on May 2. Following the verdict, the All India Congress Council (AICC) general secretary K C Venugopal announced that the party would approach the Supreme Court to challenge the Gujarat HC order.
Gandhi's counsel, senior advocate Abhishek Manu Singhvi, had argued for a stay on the conviction, highlighting that denying Gandhi's plea would redefine the scope of CrPC Section 389.
Singhvi also contended that the trial was flawed and that the conviction did not involve an offence of moral turpitude or a serious offence, per various judicial precedents. He further stated that irreversible consequences, such as re-election to Gandhi's seat, would result from the conviction, which could not be undone by a court of law.
The response from Congress leaders varied, with Karnataka Deputy CM and senior Congress leader DK Shivakumar expressing concerns about a conspiracy against their leader. Shivakumar stated that they were awaiting the court's verdict and would react accordingly.
In March, Gandhi had been convicted by a Surat magistrate court for his remark during a political campaign in Karnataka in April 2019, where he questioned why "all thieves share the Modi surname." The conviction led to Gandhi's disqualification as a Member of Parliament under the Representation of the People Act.