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Rahul Gandhi defamation case: Gujarat HC likely to complete hearing today
Gandhi’s counsel Abhishek Manu Singhvi, pleaded for a stay on the conviction in a case that is “neither serious in nature nor of moral turpitude” and is a “non-cognizable and bailable offence”
The Gujarat high court is likely to complete the hearing on Congress leader Rahul Gandhi’s plea challenging a Surat court order declining to stay his conviction in a criminal defamation case on Tuesday.
The matter is listed for urgent admission at 2:30pm on Tuesday in the high court.
Gandhi’s counsel argued in the Gujarat HC on April 29 that the offence for which he was handed a maximum sentence of two years in jail was not a serious matter that warranted his disqualification from contesting elections for eight years.
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Justice Hemant Prachchhak of the high court on April 29 began hearing Gandhi’s revision application against the Surat sessions court’s April 20 order declining a stay to his conviction for criminal defamation over his ‘Modi surname’ remark.
After a sessions court in Surat refused to stay the March 23 conviction by a magisterial court that sentenced him to the maximum permissible punishment of two years imprisonment, Gandhi has moved the HC.
Gandhi’s counsel Abhishek Manu Singhvi, pleaded for a stay on the conviction in a case that is “neither serious in nature nor of moral turpitude” and is a “non-cognizable and bailable offence”.
The state government argued that Gandhi’s offence was of a serious nature and the complainant, Purnesh Modi, a Gujarat BJP MLA, questioned the maintainability of Gandhi’s application claiming that the plea was filed under the wrong provisions of the law.
When Singhvi argued that Gandhi is facing irreversible damage, losing his seat in Parliament and his disqualification as MP, the judge commented that greater duty is cast on him towards the people at large, and he should make statements within limits.
The lawyer stressed on the consequences of the conviction and said the conviction could be reversed in the future.
After hearing Singhvi’s arguments, the HC adjourned the hearing to May 2 as advocate Nirupam Nanavati, the lawyer of complainant and the BJP MLA, sought time to file a reply.
Singhvi questioned the locus of the state government to oppose Gandhi’s plea and said Purnesh Modi’s insistence on opposing it at this stage is to see that Gandhi remains disqualified and thus, these efforts bring the matter into the ‘political sphere’.
The judge asked the public prosecutor to make submissions on the provisions under which Gandhi’s plea has been filed.
Later, the BJP lawmaker’s counsel, Nirupam Nanavati, submitted that Gandhi could not have filed his plea under multiple provisions and hence his plea was not maintainable.
Justice Prachchhak asked the parties to make final submissions on Tuesday.
“I will complete this matter because I am going out of India on May 5”, he said.
