‘Modi surname’ criminal defamation case: Gujarat HC’s major decision today on Rahul Gandhi’s plea seeking stay of conviction

New Delhi: The Gujarat High Court will pronounce its verdict on July 7 on Congress leader Rahul Gandhi’s plea seeking a stay on his conviction in the ‘Modi surname’ defamation case. Meanwhile, on July 4, the Jharkhand High Court directed that no coercive action be taken against the Congress leader. Rahul Gandhi in ‘Modi surname’ defamation case. The next hearing will be on August 16. Earlier in May this year, the Gujarat HC had reserved its order on Rahul Gandhi’s plea seeking a stay on his conviction in the 2019 ‘Modi surname’ defamation case.

The court refused to give any interim relief to Rahul Gandhi. Rahul Gandhi had on April 25 moved the Gujarat High Court challenging the Surat sessions court order which refused to stay his conviction in a criminal defamation case.

During the hearing on April 29, the court adjourned the hearing till May 2 after senior advocate Abhishek Manu Singhvi, appearing for Rahul Gandhi, sought time to place certain documents on record.

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The Surat sessions court had on April 20 dismissed Rahul Gandhi’s plea seeking a stay on his conviction in a 2019 criminal defamation case.

Additional Sessions Judge Robin P Mogera, in his judgement, had cited Gandhi’s stature as a parliamentarian and former head of the country’s second largest political party and said he should have been more careful.

He cited prima facie evidence and observations of the trial court and said it showed that Gandhi made some derogatory remarks against Prime Minister Narendra Modi, besides comparing people with the same surname to thieves.

Mogera said the complainant in the case, Bharatiya Janata Party (BJP) MLA Purnesh Modi, also has the surname Modi.

“The complainant (a) is also a former minister and is involved in public life and such derogatory remarks must have definitely damaged his reputation and caused pain and suffering to him in the society,” he said.

Mogera cited the disqualification criteria under the Representation of the People Act and said that expulsion or disqualification as an MP cannot be said to have caused irreparable or irreparable loss or damage to Gandhi.

After being convicted by a lower court in a criminal defamation case, Rahul Gandhi was disqualified as a Lok Sabha MP. He was elected to the Lok Sabha from Wayanad, Kerala.

In the case filed by Purnesh Modi, the trial court had on March 23 sentenced the Congress leader to two years in jail under sections 499 and 500 (defamation) of the Indian Penal Code (IPC).

At a rally in Kolar, Karnataka in April 2019, Rahul Gandhi took a dig at Prime Minister Narendra Modi, saying “How come Modi is the common surname of all thieves?”

Following the sessions court’s decision, the Congress had said it would approach the Gujarat High Court.