Rahul Gandhi faced a major setback from the Gujarat High Court on Friday. In the Modi Defamation Case, the High Court dismissed the petition that sought to stay the sentence imposed on Rahul Gandhi. The petition was filed by Purneshchandra Modi, a BJP leader from Gujarat. Rahul Gandhi had been sentenced to two years in jail by the Surat Metropolitan Magistrate Court on March 23, 2023. Rahul Gandhi had challenged this decision in the Gujarat High Court.
The Gujarat High Court has rejected the plea to stay the two-year sentence of Rahul Gandhi in the “Modi Surname Defamation Case.” Justice Hemant Prachchhak stated during the verdict that besides this case, Rahul Gandhi has at least 10 other criminal cases pending against him. Therefore, there is no need to intervene in the decision of the Surat Metropolitan Magistrate Court.
The court stated that in the background of the facts of the present case, there is no question of staying the conviction. ” Furthermore, there will be no injustice to the applicant with the conviction. The order of conviction is just, proper, and legal. No interference is necessary with the order. Hence, the application is dismissed.”
Background:
A sessions court in Surat had dismissed on April 20 the plea of Gandhi seeking a stay on his sentence by a magisterial court. In a detailed order, the sessions court had held that Gandhi’s incapacity would not cause “irreparable or irreversible injury” to him and denied him interim relief.
A magistrate court in Surat had held Gandhi guilty on March 23 in a criminal defamation case for calling him “Modi surname” at an election rally in the Kolar constituency of Karnataka in 2019.
He linked Nirav Modi and Lalit Modi to Prime Minister Narendra Modi. During the discussion, he said, “Nirav Modi” Lalit Modi, and Narendra Modi. How come they all have one surname, Modi?” Purnesh Modi, a former BJP legislator, protested Gandhi’s speech on the grounds that he had disparaged and insulted people with the last name Modi.
The Surat magistrate court had accepted this argument and held that Gandhi had insulted individuals with the surname “Modi” knowingly and deliberately. In its 168-page judgment, Justice Hadiresh Varmawho said that since Gandhi is a Member of Parliament, whatever he says will have a greater impact. The magistrate had ruled that he should have exercised restraint.
According to the judge, the accused utilized Shri Narendra Modi’s surname to disparage and offend 13 crore people in India who have the last name Modi in order to advance his political goals.” The session judge refused to stay the sentence of the magistrate court, leading to the current petition before the High Court. Due to being held guilty in this case, Gandhi had been declared disqualified from the Lok Sabha. The disqualification will continue as a result of today’s order by the Gujarat High Court.
