Surat court rejects Rahul’s plea for stay on conviction, Cong to move HC

New Delhi, April 20

A Surat court on Thursday rejected Rahul Gandhi’s plea for a stay on his conviction in a criminal defamation case over his “Modi surname” remark, holding that the Congress leader should have been “more careful with his words” since he was a Member of Parliament and the then president of the country’s second largest political party.

Denying the disqualified MP relief that could have paved the way for his reinstatement in the Lok Sabha, Additional Sessions Judge RP Mogera observed that a “high standard of morality” was expected from the Congress leader. Upholding the maximum sentence of two years awarded to Rahul by the trial court, the order said: “The trial court had inflicted a sentence which was permissible in law.”

It also observed that the Congress leader’s removal or disqualification as MP under Section 8(3) of Representation of the People Act, 1951 “cannot be termed as irreversible or irreparable loss or damage”. Rahul, who will continue to remain out on bail, stands disqualified from contesting Lok Sabha and Assembly elections for eight years unless a higher court stays his conviction.

Dismissing the Congress leader’s application against the Surat trial court order on March 23, the sessions court said the power accorded under Section 389 (1) of the CrPC to suspend/stay the conviction had to be exercised “with caution and circumspection” as observed by the Supreme Court in a number of pronouncements.

The Congress termed the court order “erroneous and unsustainable” and said the judge seemed to be “overshadowed” by the high office of the PM. Congress senior spokesperson Abhishek Singhvi said they would be moving the high court “very shortly” as the judgment was “fallacious” and contrary to all basic elementary principles of law. Sources said Singhvi, himself a noted lawyer, was likely to appear before the Gujarat HC.

The BJP, meanwhile, hailed the court order as a “victory” of the judiciary and the people. — TNS & PTI

Praise for Sidhu

The judge praised Navjot Sidhu, saying he had chosen to adopt a ‘moral path’ and set ‘high standards’ in public life by resigning from his Lok Sabha seat after conviction in a road rage case in 2006