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Updated April 3rd, 2023 at 10:03 IST

Rahul Gandhi to challenge conviction in defamation case in Surat court

Congress leader Rahul Gandhi's legal team will move an appeal in Surat's session court today seeking stay over his conviction in a criminal defamation case.

Reported by: Ronit Singh
Rahul Gandhi
Image: ANI | Image:self
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Congress leader Rahul Gandhi's legal team will move an appeal in Surat's session court today, seeking a stay over his conviction in a criminal defamation case that has led him to be disqualified as a member of Lok Sabha. According to sources, Rahul Gandhi is expected to be accompanied by Maharashtra Congress Chief Nana Patole and CLP leader Balasaheb Thorat when appearing before the court to file his appeal. 

The former Wayanad MP was convicted in a criminal defamation case on March 23, by the Surat court over his "how come all the thieves have Modi as the common surname" remark. He was disqualified from Lok Sabha on March 24, under the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951. He has subsequently been also given notice to vacate his government bungalow in Lutyens Delhi he's been occupying since 2004.

According to reports, Rahul Gandhi's appeal strategy to get a stay on his conviction is being looked at and supervised by Rajya Sabha MP Abhishek Manu Singhvi. On his behalf, senior lawyer RS Cheema is set to appear before the court on Monday. Sources say that in the Congress Parliamentary Party meeting, many MPs who have a legal background, including P Chidambaram, have given their insights and advice to form the appeal strategy. 

What will become the basis of appeal? 

Reportedly, party's legal counsel led by Singhvi is set to challenge the process of conviction of Rahul Gandhi in the criminal defamation case. Some Congress leaders with legal background have also mentioned that if a defamatory offence is conducted by a person in Karnataka, and the complaint has been filed in Surat, then the magistrate before whom the complaint is filed (Chief Judicial Magistrate of Surat Court HH Varma), is mandatorily obliged to conduct a provisional inquiry to decide whether he has jurisdiction to initiate the proceedings. 

Notably, Rahul Gandhi will also visit Karnataka's Kolar to hold the ‘Satyameva Jayate’ campaign on April 5 against the BJP’s alleged misuse of power, sources claimed. Notably, Kolar is the same place where he made the "how come all the thieves have Modi as the common surname” remark on March 13, 2019, during a campaign for general elections.

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Published April 3rd, 2023 at 07:40 IST

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