A SURAT court on Thursday rejected Rahul Gandhi’s plea for a stay on his conviction in a criminal defamation case over his “Modi surname” remark, holding that the Congress leader should have been“more careful with his words” since he was a Member of Parliament and the then President of the country’s second largest political party. Denying the disqualified MP relief that could have paved the way for his reinstatement in the Lok Sabha, additional sessions judge R P Mogera observed that a “high standard of morality” is expected from a person like Gandhi, adding that the trial court had imposed a sentence which was permissible in law. It also observed that the Congress leader’s removal or disqualification as MP under section 8(3) of Representation of the People Act, 1951 “cannot be termed as irreversible or irreparable loss or damage.” Gandhi, who will continue to remain out on bail, stood disqualified from contesting Lok Sabha and Assembly elections for a period of eight years unless a higher court stays his conviction. Dismissing Gandhi’s application against the Surat trial court order on March 23, the sessions court said the power accorded under Section 389 (1) of the CrPC to suspend/stay the conviction is required to be exercised “with caution and circumspection” as observed by the Supreme Court in a number of pronouncements.

 

 “If such poweris exercised in a casual and mechanical manner, the same would have serious impact on the publicperceptiononthejusticedeliverysystems and such order will shake public confidence in judiciary,” the court said inits27-pageorderthattriggeredafresh slugfest between the Congress and the BJP ahead of the 2024 Lok Sabha polls. The Congress termed as “erroneous andunsustainable” thecourt orderand said the judge seems to be “over-shadowed” by the high office of the Prime Minister. Congress senior spokesperson Abhishek Singhvi said they would be moving the High Court “very shortly” as the judgement is “fallacious” and is contrary to all basic elementary principles of law. Sources said that Singhvi, himself a noted lawyer, is likely to appear before the Gujarat High Court.

 

“There isalegal error in the judgement.Werespectall courtsandwehave the HighCourt and SupremeCourt.We have several grounds to challenge the judgement.WewillmovetheHighCourt in the very near future,” Singhvi told reporters in Delhi. The BJP hailed the court order as a “victory” of the judiciary and the people. Hitting out at the Congress, BJP national spokesperson Sambit Patra said the court’s decision is “a blow” to the arrogance of the Gandhi family, “especially Rahul Gandhi.” “It’saslap on Gandhi family’s arrogance...Gandhifamilyhadthoughtthat they can get away after abusing backward classes. But that did not happen,” Patra claimed. The court’s decision proves that law is equal for everyone, he said.