Rahul Gandhi, the head of the Congress, appealed the Surat Sessions Court’s decision to deny a stay of execution for his conviction in a criminal defamation case on April 29. The hearing was presided over by Justice Hemant Prachchhak.
Purnesh Modi, a Gujarat state legislator for the Bharatiya Janata Party (BJP), filed a criminal defamation lawsuit against Gandhi in 2019 following his remark, “How come all thieves have Modi as the common surname?” at the time of an electoral rally in Kolar, Karnataka, on April 13, 2019. Gandhi was later found guilty of criminal defamation under Indian Penal Code (IPC) sections 499 and 500 and given a two-year prison sentence by a metropolitan magistrate’s court in Surat. Gandhi was found guilty and, as a result, was declared ineligible to serve as a Member of Parliament (MP) under the terms of the Representation of the People Act. Gandhi was elected to the Lok Sabha in 2019 from the Keralan district of Wayanad.
Gandhi requested a stay of the conviction and contested the ruling in a Surat session court. On April 20, the judge did grant him bail but declined to stay the conviction. Gandhi subsequently filed an appeal at the Gujarat High Court.
Gandhi’s legal team claimed during the hearing on April 29 that the lower court’s ruling was incorrect and that a stay of the conviction would allow him to be rehired as an MP. Justice Prachchhak stated that he had reserved the decision but would soon issue it.
Gandhi’s political career could be significantly impacted by the case’s conclusion, especially given that he is an important player within the Congress party. But it’s still unclear what ruling the Gujarat High Court will render in this case.
On April 26, Justice Gita Gopi stepped down from the case after Gandhi’s attorney, P. S. Champaneri, brought it up. She remarked, “Not before me.” A day after Gandhi moved to the HC, this development took place, and the case was moved to Justice Prachchhak’s bench.