- Surat sessions court refused to stay his conviction last week
- Relief for Rahul Gandhi as Patna HC stays lower court’s order
NE NEWS SERVICE
AHMEDABAD, PATNA, APR 25
Congress leader Rahul Gandhi moved the Gujarat High Court on Tuesday after the Surat sessions court refused to stay his conviction in a criminal defamation case over his “Modi surname” remark. Meanwhile, Patna High Court granted relief to Rahul Gandhi on Monday in the ‘Modi surname’ case by putting a stay on the order of the lower court
The court of additional sessions judge RP Mogera on April 20 rejected Gandhi’s plea for stay on conviction which, if allowed, could have paved the way for his reinstatement as the Member of Parliament (MP). The sessions court has set May 20 as the date to begin hearing Gandhi’s appeal against the lower court’s order.
A metropolitan magistrate court in Surat on March 23 sentenced Gandhi to two years in jail after convicting him under sections 499 and 500 of the Indian Penal Code for criminal defamation in the case filed by BJP MLA Purnesh Modi.
A day later, 52-year-old Gandhi, who was elected as the Lok Sabha member from Wayanad in Kerala in 2019, was disqualified under provisions of the Representation of the People Act.
The case was registered against Gandhi following the BJP MLA’s complaint over his remarks, “How come all thieves have Modi as the common surname?” made during an election rally at Kolar in Karnataka on April 13, 2019.
Relief for Rahul as Patna HC stays lower court’s order
The Patna High Court granted relief to Rahul Gandhi on Monday in the ‘Modi surname’ case by putting a stay on the order of the lower court.
Earlier, Patna’s lower court had asked the Congress leader to appear in court and present his case in connection with a petition filed against him by former Bihar Deputy Chief Minister Sushil Kumar Modi in 2019 for Gandhi’s alleged objectionable remarks on ‘Modi surname’.
SD Sanjay, Advocate, Sushil Modi’s counsel, said that against the order of the lower court of Patna, Rahul Gandhi filed a petition to quash the order in the High Court.
“The lower court of Patna had asked Rahul Gandhi to appear in court on April 12 and present his case. Against that order of the lower court, Rahul Gandhi filed a petition to quash the order in High Court,” he said.
“The court has asked me to keep my argument on this matter,” added Advocate Sanjay.
Meanwhile, Virendra Rathore, Advocate, Rahul Gandhi’s counsel said that they have filed a quashing petition, alleging that when a matter is already under trial in Surat court then there cannot be another trial in a different court in the same case.
“We had filed a quashing petition. When a matter is already under trial in Surat court then there cannot be another trial in a different court in the same matter, this is illegal,” he said.
“The next hearing is on May 16 and all lower court proceedings have been stayed till then. The court accepted Rahul Gandhi’s plea and gave him relief. Now he will not have to appear in the lower court in Patna, said Advocate Rathore.
