Ahmedabad: No HC relief for Rahul Gandhi final order after summer vacation

Ahmedabad : The Gujarat High Court on Tuesday refused to grant interim relief to Congress leader Rahul Gandhi on his plea for stay of conviction in a 2019 criminal defamation case over his "Modi surname" remark, saying no protection can be granted to him at this stage and it will pass a final order post-summer vacation which ends in early June.

Counsel for Gandhi (52), Abhishek Manu Singhvi, cited "extreme urgency" to request the HC for interim relief or a final order and during final submissions maintained there was hardly any instance in criminal defamation where an accused was sentenced to more than 3 to 6 months in jail, and that his client was a first-time offender.

The complainant's lawyer opposed Singhvi's prayer for interim relief to Gandhi, sentenced to two years in jail by the trial court in Surat, and said if the disqualified MP cannot apologise for his defamatory utterances, then he should also not approach the HC for stay of conviction. After final arguments from both sides concluded during the day, the court of Justice Hemant Prachchhak said no interim protection can be granted to the applicant at this stage in the defamation case stemming from his "Modi surname" remark made four years ago.

The former Congress president had prayed in the HC for stay of conviction, which if granted, will pave the way for his reinstatement as a Member of Parliament. Justice Prachchhak said he will pass a final order only after going through the records and proceedings, and posted the matter for verdict after reopening of the HC post- summer vacation, which will be from May 8 to June 3.

Advocate Nirupam Nanavati, who appeared for Gujarat Bharatiya Janata Party (BJP) MLA Purnesh Modi, the original complainant in the case, opposed Singhvi's prayer for interim relief to the Opposition politician who was elected to the Lok Sabha from Wayanad in Kerala in 2019. Being a leader of a national political party, which has ruled the country for over 40 years, Gandhi must "learn a lesson" that using abusive language for his political opponents cannot be tolerated, the counsel for Purnesh Modi said. If Gandhi cannot apologise for his defamatory utterances, then he should also not approach the court with prayer for relief for stay of conviction, Nanavati said. Nanavati said even after the pronouncement of conviction and his subsequent disqualification as an MP, Gandhi continued to stand by his statement and refused to apologise, and cited a newspaper report in which the Congress leader had said he will not apologise as he is a "Gandhi and not Veer Savarkar”.

"His public stand, and his stand in the courtroom are different. If this is your public stand, then whatever the matter -- disqualification, sentence or conviction -- you motor mouth and speak whatever, then don't come (to the court) with a prayer. You are well within your right not to apologise, nobody will compel you to apologise," he said.