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‘He's still a convict’: Complainant BJP MLA's lawyer Mahesh Jethmalani on Rahul Gandhi after Supreme Court verdict
Mahesh Jethmalani further said that he will now appeal in the sessions court and continue the legal battle.
After the Supreme Court stayed the conviction of Congress leader Rahul Gandhi in 'Modi' surname defamation case on Friday, Rajya Sabha MP and senior advocate Mahesh Jethmalani said that though the apex court stayed the conviction order, Gandhi is still a convict in the eyes of law.
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Jethmalani, who appeared for BJP MLA Purnesh Modi who filed defamation case against the ex-Congress chief, said that the Supreme Court in its interim order stayed the Gujarat high court and Surat magisterial court's conviction order as the insufficient reasons were given for the two-year imprisonment that was earlier pronounced.
"Today the Court stayed the conviction. The Court said that insufficient reasons were given for the two-year punishment that was earlier pronounced. It said that sufficient reasons should have been given for maximum punishment. Though the court stayed the conviction today, in the eyes of law he is still a convict," he told news agency ANI.
Jethmalani further said that he will now appeal in the sessions court and continue the legal battle.
Read here: 'My duty remains the same', says Rahul Gandhi after Supreme Court relief
"Stay means that the consequences of conviction - like disqualification - will be stayed because the reasons were not sufficient. But now, there will be appeal in sessions court. Ruling of the magistrates' court is correct for both sentencing and conviction but due to the 'stay', he can return to the Parliament," he added.
The senior lawyer expressed hope that the Congress leader would be established as gulity as the case will go further.
"Fact of the matter is that he (Rahul Gandhi) is a convict and when the case goes on, I hope, he will be established as guilty. I can't say what sentence will the Sessions Court pronounce - 2 years or lesser or fine. But the evidence that has been presented is so strong that he will not be cleared of conviction," he said.
Meanwhile Purnesh Modi, the complainant had said that he welcomes the top court order, however, he will continue his legal battle in the court.
"Today, SC has stayed Rahul Gandhi's conviction. We welcome this verdict given by the court. We will continue our legal battle in the court," said Modi.
The Supreme Court on Friday, in an interim order, stayed the conviction of in the defamation case over 'Modi surname' remark. On March 23, the magisterial court convicted Gandhi for his remarks made during 2019 Lok Sabha poll campaign.
"No reason has been given by the trial judge for imposing maximum sentence, the order of conviction needs to be stayed pending final adjudication," the bench said.
Purnesh Modi had filed the case against Rahul Gandhi over his "How come all thieves have Modi as the common surname?" remark made during an election rally in Karnataka Kolar in 2019.
Following conviction, the former Congress president was disqualified as the Lok Sabha MP from Kerala's Wayanad, on March 24 following notification of the Lok Sabha Secretariat, under the rigours of the Representation of People Act.
(With inputs from agencies)
