AHMEDABAD: In a criminal defamation case involving his "Modi surname" statement, a Surat sessions court denied Rahul Gandhi's request for a stay on his defamation conviction.
Additional Sessions Judge Robin Mogera refused to stay the conviction. Rahul Gandhi will now file an appeal in Gujarat's High Court.
Surat Congress leader who is Rahul Bail Granter, Naisdhad Desai told to Media Person “This court did not accept our application, it’s shocking, we will file an appeal in Gujarat high court tomorrow,”
"We appealed to the Surat Sessions Court against the punishment we received, we asked for a stay on the two-year conviction, but the court rejected our appeal today, we will take the matter to the High Court," said Surat Congress President Hasmukh Desai.
Previously, the sessions court granted Gandhi bail and postponed his two-year jail sentence, which was imposed by a metropolitan magistrate court on March 23, until the outcome of his appeal seeking a stay of his conviction.
Gandhi was found guilty of making a comment "How come all thieves have Modi as a common surname" during an electoral rally in 2019.
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After his conviction, Rahul Gandhi lost his right to serve as a Lok Sabha member, which prompted various opposition parties to criticize the administration. Gandhi claimed that the highest penalty handed down to him was to attract the order of disqualification as an MP in his appeal before the Surat District and Sessions Court against his two-year conviction.
Arguing on behalf of Rahul Gandhi in Surat sessions court on 13th April, lawyer RS Cheema questioned, "Why is the prosecution requesting an apology from my client? What is the point of apologizing? Do they not have any legal arguments? How can they expect my Client to apologize? Is it a prerequisite for filing an appeal?"
Rahul Gandhi's counsel also questioned the complainant's intent, noting that "the complainant went to the High Court to seek a stay of proceedings on the grounds that he wished to submit additional evidence on the record, but he did not. However, due to a change in guard, he stated that there is now adequate proof and withdrew his plea from the HC."
Rahul Gandhi's advocates argued that in a democracy, the opposition is essential. The government is being audited. Making the government answerable. The general population is concerned about the relationship between the government and large economic entities.
“When we look at the speeches, we are not looking at a murderer, thief, or other criminals. We're looking at a speech given during an election campaign explaining why the current government should be replaced. In such circumstances, courts must assess all of the facts. The larger public interest must be
considered.” Rahul’s Lawyer argued in Court.
Cheema further argued, telling the judge that the trial was not "fair." Cheema described the magistrate's decision as "strange" since the trial court judge "made a hotchpotch of all the evidence on record."
"The entire case was based on electronic evidence, in which he delivered a speech during elections and a guy sitting 100 kilometres away filed a complaint after seeing it on the news. There was no need for the maximum punishment in this case," Cheema argued on Gandhi's behalf.
Meanwhile, the prosecution accused Rahul Gandhi of being arrogant, refusing to apologize, and acting like a child.
Gujarat Bharatiya Janata Party (BJP) MLA’s counsel Harshit Tolia said, “Gandhi’s conduct deserves no sympathy and his sentence shouldn't be suspended. He isn't saying sorry. Chalo ho gyi galti aisa maan lo. Nhi manna hai inhe (accept that it was a mistake, but he is not ready to accept it). This is his
arrogance he can't say sorry."
"The convict, his party leaders, and his associates are making disparaging remarks about the Court. They have also made various derogatory statements about the Court and its decision," Purnesh Modi’s Lawyer Tolia said.
Earlier, Purnesh Modi, a Gujarat Bharatiya Janata Party (BJP) MLA, filed an objection in court on Tuesday (April 11) in response to Congress leader Rahul Gandhi's request for a stay of his conviction, according to his counsel.