Rahul Gandhi`s Application for Stay on Defamation Conviction Dismissed by Surat Sessions Court
- Published on: Nov 30, -0001
The Surat Sessions Court has dismissed Rahul Gandhi's application seeking a stay on his conviction in a criminal defamation case filed against him by BJP MLA Purnesh Modi. Gandhi had made a remark during a political campaign in Karol in April 2019, where he had said "why all thieves share the Modi surname". The court had reserved its verdict after hearing both Gandhi and the complainant on April 13. If the application had been allowed, Gandhi's membership of the Lok Sabha would have been restored, subject to the issuance of notification by the LS Secretariat.
The case was filed under Sections 499 and 500 of the Indian Penal Code, which criminalize defamation in India. The complainant had alleged that Gandhi's remarks had defamed all people with the 'Modi' surname, while addressing a rally at Kolar in Karnataka before the 2019 Lok Sabha elections. The video recording of his speech was taken by the video surveillance team, notified by the office of Deputy Commissioner and District Election Officer, Kollar District.
On March 23, the Court of Chief Judicial Magistrate had sentenced Gandhi to two years in jail and a fine of Rs. 10,000, which led to his disqualification as an MP of Lok Sabha. However, he was granted bail to enable him to move an appeal against his conviction within 30 days. The Sessions Court granted bail to him on April 3, until the disposal of his appeal.
The Gujarat High Court had vacated the stay on trial in the criminal defamation case in February this year. Gandhi had appeared before the Court on all three earlier occasions as well. He has maintained that his statement was not made with any malafide intention.
Defamation cases in India are governed by the Indian Penal Code, as well as the civil law of torts. Defamation can be either criminal or civil in nature, depending on the circumstances of the case. In criminal cases, the punishment for defamation can include imprisonment of up to two years and/or a fine. In civil cases, the plaintiff can seek damages for the harm caused to their reputation.
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