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HC denies interim relief to Rahul in defamation case
The law states that if a member is convicted of any offence for two or more years of imprisonment, he will be disqualified as an MP.
The Gujarat high court on Tuesday declined to temporarily suspend Congress leader Rahul Gandhi’s conviction in a criminal defamation case over his “Modi surname” remark in which he was sentenced to two years in jail by a Surat court.
“There is no interim protection. The matter will be decided once the court reopens after vacation,” said Justice Hemant Prachchhak. May 5 is the last working day for the Gujarat high court. It will reopen on June 5.
Gandhi’s counsel had requested an interim order. His conviction by a Surat court led to his disqualification from Parliament. A stay on the conviction could pave the way for Gandhi’s reinstatement as a Lok Sabha member.
The law states that if a member is convicted of any offence for two or more years of imprisonment, he will be disqualified as an MP. One can only stay in Parliament if the conviction is suspended.
The arguments were reserved after hearing senior advocate Nirupam Nanvaty, who represented complainant Purnesh Modi, a Bharatiya Janata Party MLA from Gujarat, and senior advocate Abhishek Singhvi, who represented Gandhi.
The court of justice Prachchhak had allowed the complainant to submit additional documents opposing Gandhi’s criminal revision application against the Surat sessions court order rejecting his plea to stay his conviction and kept the matter for hearing on May 2.
According to Nanavaty, the disqualification of Gandhi was not a result of any action taken by the court or the complainant, but rather, it was a consequence of a law passed by Parliament. Therefore, Gandhi cannot argue that he is facing an irreversible loss.
During the court proceedings, Nanavaty argued that Gandhi did not express any regret for his comments made in 2019 at a public rally in Karnataka, where he insinuated that individuals with the surname Modi are thieves. Moreover, Nanavaty stated after Gandhi’s conviction by the Surat court on March 23, he held a press conference and referred to the conviction as a “gift” for him.
He alleged that Gandhi has committed as many as 12 different offences that drew defamation. Nanavaty further submitted that in case Gandhi doesn’t want to apologize, he should not as this is his right, but then he should not make a hue and cry about it.
“His stand in public and courtroom are different. If you are a motor mouth and if this is your stand (to not apologise), then don’t come here with your prayer. For the consequence you face, don’t come here and cry like a crybaby. Stick to your stand made in public or say that your intentions are something else,” said Nanavaty.
Gandhi’s counsel Singhvi told the court that the alleged offence did not involve the element of moral turpitude, it was a non-cognizable, bailable and non-serious offence and hence, the conviction should be suspended.
“There is a loss to him. He loses the right to represent the voice of people. The people of the constituency lose their voice. The entire right of collectivity of we the people is lost,” Singhvi argued.
