Gujarat HC judge recuses from hearing Rahul Gandhi's petition seeking stay on conviction

A Gujarat high court judge Wednesday recused herself from hearing the appeal petition of Congress leader Rahul Gandhi seeking a stay on his conviction in the criminal defamation case.

Gandhi's lawyer PS Champaneri mentioned the case before high court justice Gita Gopi, seeking an urgent hearing. The assistant government pleader (AGP) opposed the move saying that the matter should be permitted for urgent circulation but not hearing. Champaneri, however, opposed saying that it was a private complaint and the state had nothing to do with it.

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After a brief hearing, justice Gopi recused herself from the case while directing the court registry to remand the matter back to the chief justice for assigning the case to a different bench. Recusing from presiding over the case, she wrote, "Not before this court."

On March 23, a magisterial court had found Gandhi guilty in the criminal defamation case. He was sentenced to two years of imprisonment, the maximum jail term under sections 499 and 500 of Indian Penal Code. The case against Gandhi was filed by Surat BJP MLA and former minister Purnesh Modi.

Within 24 hours, he was disqualified as a member of parliament (MP). On Saturday, he had to vacate his official bungalow in Delhi he was occupying as an MP representing Wayanad constituency.