Rahul Gandhi is granted bail, but no interim stay of Convictions is granted; the next hearing is scheduled for April 13, 2023.
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On Monday, a Surat court granted bail to Congress leader Rahul Gandhi in a criminal defamation case stemming from his remark about the “Modi surname.” Gandhi’s two-year sentence was suspended pending the outcome of his appeal. The court, however, refused to grant an interim stay of execution on his conviction in the case. His next hearing is set for April 13.
“…truth is my weapon, and truth is my support!” the Congress leader said in his first tweet after being granted bail.
Gandhi’s oft-repeated ‘Mitrakaal‘ jab is aimed at the Centre, accusing it of working for the benefit of its “crony capitalist friends.”
Rahul Gandhi filed an appeal in a Gujarat sessions court on Monday, challenging his conviction in the criminal defamation case.
The former Congress chief appeared in the sessions court to enter his plea in response to a metropolitan court order sentenced him to two years in prison. Along with the appeal, the Congress leader filed two applications for a stay of execution and a suspension of his sentence.
In his appeal against his conviction, the court stated that such an order could not be issued without first hearing the opposing party.
This means that Rahul Gandhi’s Lok Sabha membership is still suspended, and he must vacate the government-allocated house.
Rahul Gandhi’s Strike in Surat
In Surat, Rahul Gandhi was accompanied by his sister Priyanka. Other senior Congress leaders in Surat with Gandhi include Chhattisgarh Chief Minister Bhupesh Baghel, Rajasthan Chief Minister Ashok Gehlot, and Himachal Chief Minister Sukhvinder Singh Sukhu. They took a bus to the Surat district and sessions courts.
The BJP claims that the Congress is putting ‘undue’ pressure on the judiciary.
The Congress is attempting to exert “undue pressure” on the judiciary, according to Law Minister Kiren Rijiju, who questioned the plan by members of the opposition party to accompany Rahul Gandhi to a Surat court on Monday.
“My point is simple: why is the Congress party attempting to exert undue pressure on the judiciary?” There are methods and means for dealing with legal issues. But is this the correct path?” He remarked.
He wondered if there had ever been a case where an entire party attempted to ‘gherao’ a court.
“The ED acts; they want to gherao ED office.” They want to gherao the CBI when it takes action. When the court renders its decision, they intend to seize control of the court complexes. “These kinds of activities undermine democracy, and every Indian must condemn them,” he told reporters outside the Parliament House complex.
He called Congress leaders’ decision to accompany Gandhi to court “sycophancy of one family,” and questioned whether the family was above the country.
According to Kharge’s response, the party leaders’ decision to accompany Gandhi to court was personal. “Even in minor cases, family members participate and attend court.” “It is about an entire party here, and he (Gandhi) is fighting for the country,” the Congress chief told reporters.
He claimed that the presence of party leaders in Surat is a “symbol of support” for Gandhi rather than a “show of strength.”
“The man who threatens the judiciary, judges, and ex-judges daily and also distorts history daily talking,” Congress general secretary Jairam Ramesh said on Twitter. “Hypocracy has no bounds in Modi’s reign.”
Surat’s security has been beefed up.
In anticipation of Rahul Gandhi’s visit to the city, the Surat administration has increased security in areas where the Congress leader may move.
“Given Rahul Gandhi’s presence in Surat District Court, Surat City Police have deployed the police force wherever there is a possibility of movement.” “We will also begin frisking and checking,” said DCP Zone-4 Surat Sagar Bagmar.
Conviction of Rahul Gandhi in the ‘Modi Surname’ Case
In a 2019 criminal defamation case filed against him over his “Modi surname” remarks, the court of Chief Judicial Magistrate HH Varma here convicted Gandhi and sentenced him to two years in prison on March 23.
It had found Gandhi, 52, guilty under Indian Penal Code (IPC) sections 499 and 500.
The court also granted him bail and suspended his sentence for 30 days so that he could appeal to a higher court.
Gandhi was present in the courtroom when the verdict was read out.
Rahul Gandhi’s Exclusion From Lok Sabha
The two-year sentence rendered him ineligible to serve in Parliament under the provisions of the Representation of the People Act of 1951.
According to the RP Act, an MP or a member of the legislative Assembly (MLA) who is convicted of any offence and sentenced to imprisonment for at least two years is disqualified from the date of conviction.
Gandhi would be unable to run for office for the next eight years unless a higher court overturned his conviction and sentence.
Defamation Charges Leveled Against Rahul Gandhi
Purnesh Modi, a Bharatiya Janata Party MLA and former Gujarat minister, filed the complaint against Gandhi for allegedly saying, “How come all thieves have Modi as the common surname?”
Gandhi, a former MP from Wayanad in Kerala, made the remarks on April 13, 2019, while speaking at a rally in Kolar, Karnataka, during the Lok Sabha election campaign.
He campaigned for the Congress prior to the Gujarat Assembly elections in December 2022. His party won only 17 of the total 182 seats, its worst poll performance since the state’s inception in 1960.
Purnesh Modi, a BJP MLA, had filed a complaint alleging that Gandhi, while speaking at a poll rally in 2019, defamed the entire Modi community by allegedly saying,
“How come all thieves share the surname Modi?” Purnesh Modi served as a minister during the first term of Bhupendra Patel’s government.
The ruling party legislator was re-elected to the Surat West Assembly seat in December last year.
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