Gujarat court rejects Rahul Gandhi plea for stay on conviction in defamation case

A court in Surat in the western Indian state of Gujarat on Thursday (20) rejected the application of Indian National Congress leader Rahul Gandhi seeking a stay on his conviction in a criminal defamation case over his remark on "Modi surname" while targeting prime minister Narendra Modi at an election rally in the southern state of Karnataka in April 2019.

The court of additional sessions judge R P Mogera dismissed Gandhi's application filed for a relief pending his appeal against a lower court's order sentencing him to two years in jail in the case.

Gandhi had on April 3 approached the sessions court for appeal against the lower court's order. A stay on conviction by the sessions court could have paved the way for his reinstatement as the member of parliament, an identity he lost a day after his conviction in the case on March 23.

The 52-year-old leader approached the sessions court for appeal after the lower court sentenced him to two years in jail while convicting him for criminal defamation over his remark, "How come all thieves have Modi as the common surname?".

His lawyers had filed two applications, one for a stay on the sentence (or bail till the disposal of his appeal) and another for stay on conviction till the disposal of his appeal.

Gandhi was elected to the Lok Sabha or Lower House of the Indian parliament from Wayanad in the southern state of Kerala in the 2019 general polls.

The case against him was filed by Purnesh Modi, a state lawmaker in Gujarat from the ruling Bharatiya Janata Party under sections 499 and 500 (defamation) of the Indian Penal Code. While granting bail to Gandhi, the court had issued notices to complainant Modi and the state government on the Congress leader's plea for a stay on conviction.

The sessions court will continue its hearing on Gandhi's main plea against the lower court's order.

(With PTI inputs)