Defamation case: Rahul Gandhi gets bail till April 13, 2-year sentence stayed; appeal against conviction to be heard on May 3

NEW DELHI: Congress leader Rahul Gandhi on Monday filed an appeal in a local Surat court challenging his conviction in a defamation case related to his 2019 remark about the surname Modi. The Surat District and Sessions Court has granted him bail in the defamation case till April 13, the next date of hearing.
'Sentence has been stayed'
"He (Rahul Gandhi) was granted bail by the court. The sentencing was also stayed (in 2019 defamation case). Now, the application for the stay of conviction is posted for hearing on April 13," said advocate Rohan Panwala. Rahul Gandhi will not attend court proceedings on April 13, said his lawyers.
If the conviction is stayed, Rahul's Lok Sabha membership could potentially be restored.

The court has issued a notice to the complainant, BJP MLA Purnesh Modi, on Gandhi's plea for a stay on his conviction. The complainant has been asked to file a reply by April 10.
Meanwhile, hearing on the appeal against the conviction will be held on May 3.

After filing the appeal, Rahul Gandhi tweeted: "This is a fight to save democracy, against 'Mitrakal' ... In this struggle, truth is my weapon, and truth is my support!"

An appeal and two applications
The appeal against the conviction was accompanied by two other applications, the first being application for Suspension of Sentence, which is essentially an application for regular bail, and the second being, an application for Suspension of Conviction.
If the second application is allowed, Gandhi's Lok Sabha membership could potentially be restored.

"The stay of conviction is important for Rahul Gandhi. If the stay is not granted, then Rahul will remain disqualified from the Lok Sabha. The court will hear the application on April 13," said an advocate from Rahul's team of lawyers.
Meanwhile, Gandhi's lawyer Panwala told Reuters that his client will challenge the conviction order on "multiple grounds".
"The 2019 speech was not aimed at defaming millions of people having the surname Modi," Panwala said, adding that the appeal would also highlight what he called procedural lapses in the trial.
2019 defamation case
Rahul was convicted by the Surat court and sentenced to prison for two years on March 23 for a speech in which he linked PM Modi's last name with two fugitive businessmen, remarking how the "thieves" shared the same last name.
The court had granted him bail to appeal the verdict within 30 days. A day later, he was disqualified as a member of the Lok Sabha.
A show of strength
The 52-year-old Congress leader reached Surat on Monday via a scheduled commercial flight along with sister Priyanka Gandhi Vadra.
Many Congress leaders accompanied him to the court premises even as several local leaders alleged that the Gujarat police did not allow them to come out of their house so that they could accompany Rahul in a show of support.
BJP slams Congress 'drama'
Meanwhile, the BJP termed the gathering of Congress workers on court premises as "drama" and an attempt to put "pressure" on the judiciary.

"They (Congress) are doing a drama to threaten the judiciary. I condemn it. If a court has convicted somebody, then the drama is basically about pressuring. Congress party considers a family above the country," Union law minister Kiren Rijiju told reporters outside Parliament.
Earlier in a tweet this morning, Rijiju said, "Rahul Gandhi might be going to Surat to file an appeal. It is not required of a convict to go personally to file an appeal. Generally, no convict goes personally. His going personally with a motley group of leaders and aides accompanying him is only a drama."

The union minister said, "What Rahul Gandhi is doing is also a childish attempt to bring pressure on the appellate court. All courts in the country are immune from such tactics."
(With inputs from agencies)Watch Rahul Gandhi defamation case: Surat court grants bail to Rahul, next hearing on April 13