Congress leader Rahul Gandhi is challenging the Surat sessions court’s order declining a stay to his conviction in a criminal defamation case over his ‘Modi surname’ remark. Senior lawyer Abhishek Manu Singhvi is representing Gandhi in the Gujarat High Court. Singhvi argued that ‘very serious ex-facie vitiating factors’ about the trial’s process led to Gandhi’s conviction. If the high court allows his plea, it could pave the way for Gandhi’s reinstatement as a Member of Parliament. Speaking in the court, Singhvi added, ‘In the case of a public servant or a legislator, it has very serious additional irreversible consequences.’
In March 2021, a metropolitan magistrate’s court in Surat sentenced Gandhi to two years in jail after convicting him under IPC sections 499 and 500 (criminal defamation) in a case filed by Bharatiya Janata Party’s (BJP) Gujarat MLA Purnesh Modi. The conviction resulted in Gandhi’s disqualification as an MP under the provisions of the Representation of the People Act. The Surat sessions court refused to stay the conviction while granting him bail. Purnesh Modi filed the case against Gandhi over his ‘How come all thieves have Modi as the common surname?’ remark made during an election rally at Kolar in Karnataka on April 13.
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