Defamation case: Gujarat HC declines interim relief to Rahul, says final order post-summer vacation

The Gujarat High Court on Tuesday refused to grant any interim protection to Rahul Gandhi as it concluded arguments on the petition moved by the Congress leader seeking a stay on his conviction in a criminal defamation case over his 'Modi surname' remarks.

The court will pronounce the order after a one-month summer vacation break.

While concluding the hearing, single-bench justice Hemant Prachchhak said, "After considering a plethora of documents, it is in the interest and fitness of the case that the matter be decided final and no interim protection can be granted...only after through the records of the proceedings the order can be passed."

"Since the Court has finally heard the matter, in the interest of justice, the interim protection cannot be granted at this stage. Hence, the request for interim protection is refused. In the meantime, Registry is directed to call for the record and proceedings of the case from the District Court, Surat so as to reach this Court on or before 15th May 2023," justice Prachchhak noted in the order.

Also Read: Rahul's conviction: Offence not serious nor involves moral turpitude, says lawyer

Appearing for Gandhi, advocate Abhishek Manu Singhvi had sought interim protection or early order in view of summer vacation from May 5 to June 4. Justice Prachchak said that the final order will come only after summer vacation. He also said that he was travelling abroad and hence he would pass the order only after the vacation.

During the argument seeking stay on conviction, Singhvi said that it was perhaps the first case in which a person was awarded the maximum punishment in a criminal defamation case. He argued that the case against Rahul was "neither serious nor involved moral turpitude or fell under anti-societal offence" and therefore, stay should be granted.

Appearing for the complainant Purnesh Modi, senior advocate Nirupam Nanavati said that "When you say all Modi are thieves, is it not moral turpitude? What message are you giving to the world? That an opposition leader of India brands his prime minister as a thief before thousands of people, is it a language?"

He also referred to statements of Gandhi in the media in which he is reported to have said that he wouldn't apologise." Nanavati added in his argument, "If this is your stand...then don't come here in court with your prayers. He (Gandhi) shouldn't be a crybaby since his political career is at stake. Either stick to your stand made in public or say that your intention was something else."

On March 23, a magisterial court had found Rahul guilty in the case. He was sentenced to two years of imprisonment, the maximum jail term under sections 499 and 500 of the Indian Penal Code. Within 24 hours of the judgement, Rahul was disqualified as a Member of Parliament (MP) since there was no stay on his conviction. On April 20, his appeal for a stay was also rejected by a sessions court in Surat.