in a significant ruling, the Gujarat High Court has declined to suspend the conviction and two-year prison sentence of Congress leader Rahul Gandhi. The sentence was handed down by a Magistrate court in a criminal defamation case concerning Gandhi’s comment, “All thieves have Modi surname” [Rahul Gandhi v Purnesh Modi].
Justice Hemant Prachchhak, presiding over the case, emphasized that the suspension of a conviction is not a standard procedure and should only be invoked in exceptional circumstances. He noted,
“At least 10 criminal cases pending against him. Even after the present case, some more cases filed against him. Representatives of people should remain of clear character.”
The judge further elaborated on the various cases filed against Gandhi, including one by Veer Savarkar’s grandson in Pune, where Gandhi allegedly used defamatory terms against Veer Savarkar during a speech in Cambridge. Another complaint was lodged in a Lucknow court.
The bench concluded that given the circumstances of the case, there was no justification to stay the conviction. The court stated,
“In any way, conviction would not result in any injustice to the applicant. The conviction order is just, proper and legal. There is no need to interfere with the said order. Therefore, the application is dismissed.”
The background of the case dates back to April 20, when a sessions court in Surat dismissed Gandhi’s plea to suspend his conviction by the Magistrate court. The court ruled that Gandhi’s disqualification would not constitute an “irreparable or an irreversible loss” to him and denied him interim relief.
The former parliamentarian from Wayanad, Kerala, was convicted by a Magistrate court in Surat on March 23 for his remark “all thieves have Modi surname,” made at an election rally in Karnataka’s Kolar constituency in 2019. In his speech, Gandhi had associated Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi.
Purnesh Modi, a former BJP Member of Legislative Assembly (MLA), objected to Gandhi’s speech, arguing that it insulted and defamed individuals bearing the Modi surname. The Magistrate court agreed with Modi’s argument, stating that Gandhi’s speech intentionally insulted people with the ‘Modi’ surname.
The sessions judge refused to stay the Magistrate court conviction, leading to the current plea before the High Court. As a result of today’s order by the Gujarat High Court, Gandhi’s disqualification from the Lok Sabha due to his conviction in the case will continue.