Rahul Gandhi moves SC challenging Gujarat HC's refusal to stay conviction in defamation case

economictimes.indiatimes.com:

Congress leader Rahul Gandhi moved the Supreme Court on Saturday challenging the Gujarat High Court's July 7 order which dismissed his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark. The appeal has been filed by Gandhi through advocate on record Prasanna S. Gandhi was disqualified as a Member of Parliament on March 24, 2023 after a Gujarat court convicted him and sentenced him to a two-year imprisonment on charges of criminal defamation for comments he made about the Modi surname.

In a setback to 53-year-old Gandhi, the high court on July 7 dismissed Gandhi's plea for a stay on his conviction, observing that «purity in politics» is the need of the hour. A stay on Gandhi's conviction could pave the way for his reinstatement as a Lok Sabha MP. However, he has not received any relief from either the sessions court or the Gujarat High Court.

In his verdict, Justice Hemant Prachchhak also noted that representatives of people should be «men of clear antecedent» and that a stay on conviction is not a rule, but an exception resorted to only in rare cases. There was no reasonable ground to stay the conviction, he added. Delivering a 125-page verdict, Justice Prachchhak had also said Gandhi, a former Congress president, was already facing 10 criminal cases across India, adding the order of the lower court was «just, proper and legal» in handing over a two-year jail term to Gandhi for his remarks.