'Modi surname' case: Gujarat HC hears Rahul Gandhi's plea seeking stay on conviction. 10 updates
2 min read . Updated: 29 Apr 2023, 03:52 PM IST
PremiumIt is to be noted that if the high court allows his plea, it could pave the way for Gandhi's reinstatement as a Member of Parliament
The Gujarat High Court is listening to Congress leader and former MP Rahul Gandhi's plea against Surat sessions court declining a stay to his conviction in a criminal defamation case over his "Modi surname" remark.
It is to be noted that if the Gujarat High Court allows his plea, it could pave the way for Gandhi's reinstatement as a Member of Parliament. Senior lawyer and Congress leader Abhishek Manu Singhvi is arguing in the high court on behalf of Gandhi.
Here are ten big points to this story
-Justice Hemant Prachchhak of the high court took up the criminal revision application filed by Gandhi challenging the April 20 order of the sessions court. This happened after Justice Gita Gopi recused herself from hearing the case.
-Singhvi told the High Court that that "very serious ex-facie vitiating factors" about the trial's process led to the conviction of Congress leader Rahul Gandhi in a criminal defamation case over his "Modi surname" remark
-"In the case of a public servant or a legislator, it has very serious additional irreversible consequences - to the person, the constituency, and also drastic consequences of re-election," he told the court.
-In March, the metropolitan magistrate's court in Surat convicted Gandhi of criminal defamation and sentenced him to two years in jail. The case was filed by Gujarat BJP MLA Purnesh Modi over Rahul Gandhi's "Modi surname remark".
-The two-year jail sentence was enough to bar Gandhi from parliament. The law states that if a member is convicted of any offence for two or more years, his or her seat will be declared vacant. One can only stay in the parliament if the conviction is suspended.
-The Gujarat court granted him bail and gave him 30 days to file an appeal.
-In his appeal in the Surat court to freeze the conviction, Gandhi said the court treated him harshly and was overwhelmingly influenced by his status as an MP
-The judge disagreed with Gandhi's contention and said he had "Failed to that by not staying the conviction and denying an opportunity to contest the election, an irreversible and irrevocable damage will be caused to him".
-After the court setback, Rahul Gandhi vacated his official residence in Delhi. The Lok Sabha Housing Committee had sent him a letter to vacate his 12, Tughlaq Lane bungalow, which he had since 2005.
-In 2019 while campaigning for the Lok Sabha elections, Rahul Gandhi had said "How come all thieves have the common surname Modi", targeting the Prime Minister over his surname, which he shares with fugitive businessman Nirav Modi and Lalit Modi.