The Supreme Court granted a stay on the conviction against Rahul Gandhi, the Congress leader, in a criminal defamation case. This stay has resulted in the voiding of his disqualification as the Wayanad MP.
During the court proceedings, senior advocate Abhishek Singhvi, representing Gandhi, argued that his client is not a hardened criminal and hasn’t been convicted in any case despite multiple cases filed against him by BJP workers. Singhvi also pointed out that the original surname of the person who filed the defamation case, Purnesh Modi, is not Modi, and he belongs to the Modh Vanika Samaj.
The defamation case was filed by Purnesh Modi in 2019 after Gandhi made a remark during an election rally in Kolar, Karnataka, questioning, “How come all thieves have Modi as the common surname?” Gandhi approached the Supreme Court to challenge the Gujarat High Court’s order, which resulted in his disqualification as a Member of Parliament due to the conviction in the criminal case.
On March 23, 2023, the Chief Judicial Magistrate in Surat convicted and sentenced Gandhi to two years in imprisonment, leading to his disqualification from the Lok Sabha. However, the sentence was suspended, and he was granted bail on the same day to allow him to appeal against the conviction within 30 days.
On April 3, Gandhi approached the Surat Sessions Court, seeking a stay on his conviction, but his request was rejected on April 20. Nevertheless, he was granted bail by the Sessions Court until his appeal’s final disposal.
The Gujarat High Court, while dismissing Gandhi’s revision plea, observed that the case against him concerns a large identifiable class, the Modi Community, and not just an individual.
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