The opposition leader has to approach the Supreme Court, his last option against conviction.
NEW DELHI: (UrduPoint/Pakistan Point News-July 7th, 2023) Rahul Gandhi, an Indian opposition leader, has been denied relief by the Gujarat High Court in his plea to suspend his conviction in a defamation case from 2019.
The court ruled that the conviction was fair, just, and lawful, dealing a setback to Gandhi's aspirations of returning to parliament and contesting the upcoming national elections in the next year.
Gandhi's next course of action will be to approach the Supreme Court in search of relief, his final option in this matter.
In March, Gandhi was convicted in a defamation case filed by Purnesh Modi, a legislator from the Bharatiya Janata Party (BJP) ruling in Gujarat. His comments, made during an election campaign speech in 2019, were deemed offensive towards Prime Minister Narendra Modi and others sharing the surname Modi. Gandhi had remarked, "How come all thieves have the name Modi?" referring to two fugitive businessmen who share the Modi surname.
Although Gandhi received a two-year prison sentence, it was suspended, and he was granted bail. However, due to his conviction, he also lost his parliamentary seat since lawmakers sentenced to imprisonment for two years or more are automatically disqualified. Additionally, they are prohibited from running for election for six years following the completion of their prison term.
Gandhi has separately contested the conviction in a district court, which is yet to hear the case.
Justice Hemant Prachchhak of the Gujarat High Court stated in the order on Friday that granting a stay on conviction is not the norm but an exception reserved for rare cases. The judge emphasized that refusing to stay the conviction would not result in injustice for the applicant, citing the facts and circumstances of the case.
Gandhi has not yet responded to the verdict, and Congress spokesperson Jairam Ramesh mentioned that the judgment would be examined. Ramesh tweeted, "The judgment only strengthens our determination to pursue the matter further."
During the court proceedings, Gandhi's lawyer Abhishek Singhvi argued that the offense for which Gandhi was convicted was not "serious" and that being barred from contesting elections for eight years was virtually a semi-permanent political restriction.
Gandhi is the second lawmaker in India to be disqualified from parliament following a conviction. However, in the other case that occurred in January of this year, the lawmaker was subsequently reinstated.
Gandhi's disqualification has prompted India's major opposition parties to set aside their differences and come together to plan a unified challenge against the BJP in the 2024 nationale lections.
