A sessions court in Surat is today, on April 20, set to pronounce its order on Congress leader Rahul Gandhi's plea for a stay to his conviction in a criminal defamation case over his "Modi surname" remark.
After hearing arguments from both sides on April 13, additional sessions judge RP Mogera said he will pronounce the order on April 20.
Notably, a metropolitan magistrate's court in Surat had on March 23 sentenced the Congress leader to two years in jail after holding him guilty for his remark "How come all thieves have Modi as the common surname" made during an election rally in 2019.
Also Read: MC Explains | Why it is crucial for Rahul Gandhi to secure a stay on his conviction
Gandhi, who was disqualified as Member of Parliament after the conviction, has filed an appeal before the sessions court against the verdict. He also prayed for a stay to the conviction in the meantime.
Timeline
In 2019, at an election campaign in Kolar, Karnataka, Gandhi is alleged to have said, "How come all the thieves have Modi as the common surname?” And a case of criminal defamation was filed against Gandhi for insulting the Modi community.
On March 23 2023, Chief Judicial Magistrate HH Varma, held Rahul Gandhi guilty under Indian Penal Code (IPC) sections 499 and 500, and also granted him bail and suspended the sentence for 30 days to allow him to appeal in a higher court.
On March 24, Congress leader Rahul Gandhi was disqualified as a Member of Parliament (MP) after his conviction and sentencing by a Surat court in a 2019 defamation.
The Representation of Peoples Act, 1951 contemplates disqualification of MPs and MLAs on being convicted by a court. Section 8(3) of the Act notes that an MP stands disqualified the moment he/she is convicted of an offence with a sentence of imprisonment for not less than two years.
Also Read | MC Explains: Why was Rahul Gandhi disqualified after conviction?
The section further notes that the elected representative will continue to be disqualified for a further period of six years since release. In Rahul Gandhi's case, the conviction if upheld, will disqualify him for eight years.
The notification disqualifying Gandhi further refers to Article 102 (1) (e) of the Constitution of India. This article sanctions the act of disqualifying an elected representative from the house of the parliament by a law enacted by the parliament.
What if stay is refused?
A person convicted by a trial court has 90 days to appeal against the decision in the appellate court. Obtaining a stay from a sessions court can take 15 days to one month, subject to the discretion of the judge.
In Gandhi’s case, if the sessions court in Surat refuses to stay the conviction, he will have to file an appeal in the Gujarat High Court. If the Gujarat High Court does not grant him a stay, the Congress leader will have to approach the Supreme Court. The entire process can take one to two months.
(With wire inputs)
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