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Updated April 20th, 2023 at 10:03 IST

Modi surname case: Court to give verdict on Rahul's plea seeking stay on conviction today

A special court in Surat will likely pronounce a verdict on Congress leader Rahul Gandhi's plea seeking a stay on his conviction in the 'Modi surname' case.

Reported by: Abhishek Raval
Rahul gandhi
IMAGE: PTI | Image:self
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A special court in Gujarat’s Surat will likely pronounce a verdict on April 20 on Congress leader Rahul Gandhi's plea seeking a stay on his conviction in the 'Modi surname' case. Rahul Gandhi has filed a plea to stay his conviction in the criminal defamation case over a 2019 remark. A stay order could possibly clear the path for his reinstatement as a Member of Parliament. Notably, RP Mogera, the court of Additional Sessions Judge on April 13 had reserved the verdict for April 20 on Gandhi’s application for a stay on his conviction for two years in jail by a lower court in Surat.   

The 52-year-old politician was elected to the Lok Sabha from Wayanad in Kerala in 2019 but was disqualified a day after a metropolitan magistrate court in Surat on March 23, 2023, sentenced him to two years in jail in a case filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi under Sections 499 and 500 (defamation) of the Indian Penal Code.

Rahul Gandhi’s plea against the conviction: Arguments before the court

During the proceedings, Rahul Gandhi’s lawyer claimed that the trial in the court was ‘not fair’ and doesn’t require maximum punishment in the case. He further alleged 'irreparable damage' to Rahul Gandhi’s reputation if the March 23 judgment of the trial court is not suspended. The excessive sentence is contrary to the law and the conviction is ‘erroneous’ and ‘patently perverse’, he further argued before the court. 

“The appellant has been treated harshly at the stage of determination of sentence taking into account his position as a Member of Parliament, hence the far-reaching implications would have been in the knowledge of the trial court,” he said.

In another submission, Rahul Gandhi told the court he was sentenced in a manner such as to attract the order of disqualification as the court was aware of his status as a parliamentarian. Arguing further, Gandhi said that the by-polls to the Wayanad constituency that he represents cannot be undone if his conviction is not stayed even if he is acquitted in the case later. The election will also cause loss to the exchequer, he said.

On the other hand, the petitioner MLA Purnesh Modi accused Rahul Gandhi of making 'unfair and contemptuous comments' against the court through his aides, associates, and leaders of his party and others at his behest following his sentencing.

“The accused is in the habit of making such defamatory and irresponsible statements which may either defame others or may hurt the feelings of others, in the name of freedom of speech and political criticism and dissent,” he stated in his affidavit.

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Published April 20th, 2023 at 10:03 IST

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