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Gujarat HC likely to deliver verdict on Rahul Gandhi’s plea in defamation case

According to the cause list issued by the high court on Thursday, the court of justice Hemant Prachchhak will deliver the verdict at 11am

Updated on: Jul 7, 2023, 10:04:52 IST
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The Gujarat high court is likely to deliver on Friday its verdict on Congress leader Rahul Gandhi’s plea seeking a stay on his conviction in a criminal defamation case over his ‘Modi surname’ remark.

A stay on conviction would pave the way for Gandhi’s reinstatement as a Member of Parliament (MP). (Twitter | Congress)
A stay on conviction would pave the way for Gandhi’s reinstatement as a Member of Parliament (MP). (Twitter | Congress)

According to the cause list issued by the high court on Thursday, the court of justice Hemant Prachchhak will deliver the verdict at 11am.

In May, the court had denied interim protection to Gandhi and had reserved his plea for further consideration.

On June 2, the court had declined to grant interim suspension on Gandhi’s conviction in the criminal defamation case related to his ‘Modi surname’ remark.

The Surat court had previously sentenced him to two years in jail.

Also Read: High Court refuses interim protection to Rahul Gandhi in Modi surname case

Justice Prachchhak stated, “There is no interim protection. The matter will be decided once the court reopens after vacation.”

The Gujarat HC’s last working day was May 5, and it reopened on June 5.

During the court proceedings, Gandhi’s counsel requested an interim order, but the request was denied.

Gandhi’s conviction by the Surat court resulted in his disqualification as a member of Parliament (MP).

A suspension of the conviction could potentially lead to his reinstatement as a Lok Sabha member.

According to the provisions of the law, if a member is convicted of an offence punishable by two or more years of imprisonment, they are disqualified as an MP.

Only the suspension of the conviction can allow the member to continue serving in Parliament.

The arguments were heard from senior advocate Nirupam Nanavaty, who represented the complainant Purnesh Modi, a BJP MLA from Gujarat, and senior advocate Abhishek Singhvi, who represented Gandhi.

A metropolitan magistrate’s court in Surat sentenced the former Congress president to two years in jail on March 23 after convicting him under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation) in a 2019 case filed by Purnesh Modi.

Following the verdict, Gandhi, elected to the Lok Sabha from Wayanad in Kerala, was disqualified as MP under the provisions of the Representation of the People Act.

Gandhi challenged the order in a sessions court in Surat along with an application seeking a stay on the conviction.

While granting him bail, the court, on April 20, refused to stay the conviction, after which he approached the high court.

Surat West MLA Purnesh Modi filed a criminal defamation case against Gandhi over his “how come all thieves have Modi as the common surname?” remark made during an election rally at Kolar in Karnataka on April 13, 2019.