Defamation case: Court rejects plea for stay on conviction; Rahul Gandhi to approach HC

The Surat sessions court on Thursday rejected Congress leader Rahul Gandhi's appeal seeking stay on the two-year sentence awarded to him by a magisterial court in the criminal defamation case filed against him by BJP legislator Purnesh Modi.

The court of additional sessions judge RP Mogera said the appellant needed to establish and satisfy the court on the fact that the case is "a rare and exceptional case for the grant of stay against conviction" and that "there should be special and compelling circumstances in justifying the grant of stay against conviction".

It also said "there should be irreversible consequences leading to injustice and irretrievable damages in the event of non-granting of stay against conviction" and that "there should be no criminal antecedents barring the conviction in question". "There should be (a) prima-facie case on merits," it said.


"It is not (a) disputed fact that the appellant was the member of Parliament and president of the second largest political party and looking to such stature of appellant he should have been more careful with his words, which would have (a) large impact on the mind of people," the court said. "Any defamatory words coming from the mouth of appellant are sufficient enough to cause mental agony to (an) aggrieved person. In this case, by uttering defamatory words viz. comparing persons having surname 'Modi' with thieves would definitely have caused mental agony and harm the reputation of (the) complainant, who is socially active and dealing in public."

The court also held that "removal or disqualification as member of Parliament cannot be termed as irreversible or irreparable loss or damage to the appellant". "Ld. counsel for the appellant has failed in demonstrating that by not staying the conviction and denying an opportunity to contest the election on account of disqualification u/s. 8(3) of the Representation of the People Act, 1951 an irreversible and irrevocable damage is likely to be caused to the appellant," it said.

Gujarat Congress chief Jagdish Thakore issued a video statement saying the party will challenge the order in a higher court. The decision of the sessions court means that Gandhi will continue to stand disqualified as a member of the Lok Sabha. He was disqualified after the magisterial court pronounced its judgement on March 23. Gandhi was convicted under sections 499 and 500 of the Indian Penal Code and given the maximum penalty of two years of imprisonment.