Rahul Gandhi moves Supreme Court against Gujarat HC order refusing to stay his conviction in Modi surname defamation case

Congress MP Rahul Gandhi, representational image, via PTI

 Congress leader Rahul Gandhi on Saturday approached the Supreme Court challenging the Gujarat High Court order which declined to stay his conviction in the criminal defamation case in which he was sentenced to two years in jail by Surat court over ‘Modi surname’ remark.

After his conviction in the case, Gandhi was declared disqualified as MP from Kerala’s Wayanad on March 24 following a notification of the Lok Sabha Secretariat. Gandhi was sentenced to two years’ imprisonment which disqualified him as an MP under the rigours of the Representation of People Act.

The High Court on July 7 affirmed the decision of a Gujarat Sessions court, which had refused to put on hold a magisterial court order on March 23 convicting Gandhi and handing out the maximum punishment provided for criminal defamation under the Indian Penal Code.

Rejecting Gandhi’s plea, the High Court has said that has been seeking a stay on his conviction on “absolutely non-existent grounds” and a stay on conviction is not a rule but an exception.

In March, the magisterial court had convicted Gandhi for his remarks ahead of the 2019 national polls about the ‘Modi’ surname.

After magisterial court convicted Gandhi, he approached the Sessions court, which rejected his plea for a stay on his conviction on April 20. Thereafter, he approached the High court. 

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