Gujarat HC hears Rahul Gandhi's plea against defamation case conviction
The Gujarat High Court on Saturday began hearing Congress leader Rahul Gandhi's plea challenging a Surat court's refusal to stay his conviction in a 2019 criminal defamation case over his "Modi surname" remark. Senior advocate Abhishek Manu Singhvi, representing Gandhi, said the conviction was "detrimental" to the larger public interest of the country. He also questioned the maintainability of the complaint against Gandhi.
Why does this story matter?
Targeting PM Narendra Modi at a rally in Kolar, Karnataka—ahead of the 2019 Lok Sabha elections—Gandhi remarked, "How come all the thieves have the common surname, Modi?" A court in Gujarat's Surat last month convicted Gandhi for defaming the "Modi community," sentencing him to two-year imprisonment. While the general election is scheduled for 2024, Gandhi can't contest polls until six years of his release.
Court handed down maximum punishment for 1st-time offender: Singhvi
Singhvi requested the HC to provide Gandhi relief, preventing him from losing eight years of his career. "For a first-time alleged offender, the court has been harsh and handed down the maximum punishment. Had there been even a day less sentence, disqualification would not have come," he said, per Bar & Bench. Sighvi cited several HC judgments where convictions were suspended for serious crimes.
'Parliament is without one voice': Gandhi's counsel invokes public interest
"It is a general detriment to the public interest of the country that the Parliament is without one voice. Maybe in the sixth or seventh month, my appeal is allowed, and I am acquitted, can the court restore to me those losses?" Singhvi asked.
Singhvi questions maintainability of defamation complaint
Questioning the defamation complaint against Gandhi, Singhvi said, "Law says only the aggrieved person can lodge a complaint. You cannot circumvent it to suit the non-identifiable group as in the present case." "None of the three persons that I named (in the 2019 remarks) have sued me...someone from the so-called 13 crore (Modi community), has filed a complaint. How is that maintainable at all?"
Female HC judge recused herself from Gandhi's case earlier
According to the Gujarat High Court's subject list, Gandhi's appeal is being heard on Saturday by Justice Hemant Prachchhak. Earlier, when Gandhi's counsel PS Champaneri mentioned the case to Justice Gita Gopi on Wednesday (April 26), she reportedly recused herself from the hearing, saying, "Not before me." The development came a day after Gandhi moved the Gujarat High Court.
A little about previous proceedings
A sessions court in Surat last week rejected the Congress leader's application seeking a stay on his conviction in the case. Notably, Gandhi—currently out on bail—lost his Parliament membership after his conviction as it entails a two-year jail sentence. Gandhi's counsel argued criminal defamation cases should be against individuals and not communities. He said there was no definitive Modi community that had been disparaged.
