HC Judge recuses self in Rahul Gandhi case

Justice Gita Gopi of the Gujarat High Court on Wednesday recused herself from hearing Congress leader Rahul Gandhi's appeal for stay on his conviction by a Surat court for 'defaming the Modi surname'. The case will come up before another bench now. The high court is set to close for vacation on May 5 and reopen on June 5.

Gandhi's lawyer PS Champaneri mentioned the case before justice Gita Gopi's bench, seeking an urgent hearing. After a brief hearing, the judge in her order said, "not before this court." Champaneri said the bench had granted permission to circulate the matter for Wednesday, but when it came up for hearing, the judge recused. A note will be sent now to the HC's acting chief justice to place the matter before any other bench, he said. The case was requested to be taken up in the court of justice Gita Gopi because her court deals with criminal revision petitions, Champaneri said.

Surat metropolitan magistrate HH Verma had on March 23 sentenced Gandhi to a maximum sentence of two years jail after convicting him for criminal defamation in a 2019 case filed by Gujarat BJP MLA Purnesh Modi. Following the verdict, the Lok Sabha Secretariat disqualified Gandhi as a member under provisions of the Representation of People Act. A stay order would lead to Gandhi's reinstatement as MP. A jail sentence of two years or more, on the other hand, would disqualify him from contesting polls for six years after completion of the jail term.


Gandhi appealed against the order in a sessions court in Surat. While granting him bail, the court on April 20 rejected his plea for stay on his conviction. The sessions court ruled that Gandhi should have been 'more careful with his words,' which would have a 'large impact on the mind of people.' It also observed defamatory words from Gandhi was 'sufficient to cause mental agony to the aggrieved person and harm the reputation of petitioner Purnesh Modi'.