After Failing To Get Relief In Lower Court, Rahul Gandhi Moves Gujarat HC Seeking Stay On Conviction In Criminal Defamation Case

Congress leader Rahul Gandhi on Tuesday (25 April) moved Gujarat High Court to challenge a Surat court's decision not to stay his conviction in a criminal defamation case.

At 4 pm on Tuesday, Advocate BM Mangukiya filed a revision application under CrPC section 397.

The application claims that Gandhi's two-year criminal defamation punishment is disproportionate and has caused irreversible damage, leading to his loss of Lower House of Parliament membership.

Advocate BM Mangukiya was cited by Indian Express as saying that the application has been filed primarily on the grounds that two-year punishment for criminal defamation is disproportionate and has caused irreversible damage, leading to Gandhi losing membership of Lok Sabha.

Senior advocate Pankaj Champaneri is Gandhi's advocate on record before the Gujarat HC. However, the case remains to be registered on the court's records, following which a date for listing of the case before a single judge court will be posted.

Earlier on 20 April, additional sessions judge Robin Mogera of Surat court denied Gandhi's plea for stay on the conviction.
stating that granting such requests casually and mechanically could harm public perception of the justice system and undermine public confidence in the judiciary.

Mogera reportedly observed that, "if such power is exercised in a casual and mechanical manner, the same would have serious impact on the public perception on the justice delivery systems and such order will shake public confidence in judiciary".

Gandhi was convicted of criminal defamation on 23 March by a Surat magistrate court for his remark "Why do all thieves have the name Modi?" during a 2019 election rally in Kolar, Karnataka.

The complaint was filed by Surat West MLA Purnesh Modi, and Gandhi was sentenced to two years of simple imprisonment.