Hearing of stay plea will be held on April 13
Surat/New Delhi: A sessions court in Surat on Monday granted bail to Rahul Gandhi and will hear on April 13 the Congress leader’s plea for a stay of his conviction in a 2019 criminal defamation case over his ‘Modi surname’ remark in which he was sentenced to two years in jail that led to his disqualification from the Lok Sabha.
The former Congress chief, who was present in the court, in his appeal against his conviction and sentence by a Magistrate’s court on March 23 contended that the order was “erroneous and patently perverse”, alleging he was sentenced in a manner so as to attract disqualification as a Member of Parliament.
Gandhi submitted he was treated harshly by the trial court which was “overwhelmingly influenced” by his status as an MP, and maintained there is no such thing as a “definite Modi samaj or community on record”. “It appears reasonable to argue that the applicant was really sentenced in a manner so as to attract the order of disqualification (as an MP).”
He further said that by the very nature of his task, a politician in Opposition cannot always weigh his words in “golden scales”.
“Hence, it is incumbent upon courts to focus on the essence and spirit of the speech (related to Modi surname) made rather than on the tone and tenor,” Gandhi said, adding “a strong and uncompromising Opposition” is the essential requirement of a “true and healthy democracy.”
Gandhi’s lawyer Kirit Panwala said the bail was given by additional sessions judge R.P. Mogera till the disposal of his appeal against the chief judicial magistrate H.H. Varma’s order of conviction and sentence on March 23.
A day later, Gandhi was disqualified as a member of the Lok Sabha that sparked a political slugfest between the Congress and the BJP. He stands disqualified from contesting Lok Sabha and assembly elections for eight years unless a higher court stays his conviction.
The court also issued a notice to complainant Purnesh Modi, a BJP MLA and former Gujarat cabinet minister, over the application for suspension of the conviction, Panwala said.
It set April 13 for hearing the plea seeking suspension of conviction and subsequent sentence, he added.
Gandhi also filed two additional applications along with the main plea – the first for the suspension of sentence or for regular bail, and the second for the suspension of conviction. The court allowed his first plea and granted him bail till the disposal of his appeal, Panwala said. Gandhi was also asked to furnish a bond of `15,000.
In a show of support for the former Congress president, party general secretary and his sister Priyanka Gandhi Vadra and other leaders were present in the courtroom when the matter came up for hearing at around 3 p.m.
Gandhi reached the court in a luxury bus accompanied by Priyanka and other senior leaders, while a large number of party workers and supporters gathered outside the premises amid heavy police deployment.
Soon after the court granted him bail, Gandhi tweeted in Hindi, saying, “This is a fight against “Mitrkaal” to save democracy. In this struggle, truth is my weapon, and truth is my support!” Gandhi has been taking the ‘Mitrakaal’ jibe at the central government, accusing it of working to benefit its “crony capitalist friends”.
In another tweet, the Congress leader vowed to fight for the “voice of India”. He wrote, “I am fighting for the voice of India. I am ready to pay any cost.”
Law Minister Kiren Rijiju alleged that the decision of Congress leaders to accompany Rahul Gandhi to the court was a way of trying to exert “undue pressure” on the judiciary, a charge rejected by party chief Mallikarjun Kharge, who said it was a symbol of support and not a show of strength.
Senior Congress leaders from Maharashtra on Monday claimed vehicles of the party workers headed towards Surat to extend support to Rahul Gandhi were stopped by the Gujarat police.
Navsari superintendent of police, Karan Raj Vaghela, said a total of 87 people were detained, including 51 from Maharashtra, when they were on their way to Surat travelling in at least a dozen vehicles to support Rahul Gandhi.
“We detained 87 persons at around 11 a.m. and released them at 4 p.m. We held them out of concern over the law and order situation in Surat where they were headed,” he told PTI.