'Modi-Thieves' Remark| Live Updates From Gujarat HC In Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case

Sr. Adv. Singhvi cites a case where in a Prevention Of Corruption Act case, the conviction was stayed in the case of an MLA wherein the court noted that if the conviction was not stayed, irreversible losses will occur.

Sr. Adv. Singhvi: Rarely have I seen in my criminal practice, a conviction in a criminal defamation case, and if it has happened, the sentence is for 3 months or 6 months.

This situation cries for redressal.

Sr. Adv. Singhvi: On a pure balance of convenience also, coupled with irreversible conditions, and additionally, the consequences for a public servant if a conviction does not stay, what more do I need to show? 

Sr. Adv. Singhvi: Meanwhile, if the Election Commission notifies by-election and someone else gets elected, later on, if I win the appeal, the situation is irreversible. I could not contest the election, but that doesn't mean I lost the election, but the person elected can't be unseated.

Sr. Adv. Singhvi: Today, even if two sessions of parliament go, it entails a consequence that I am unable to raise my voice, the people of the constituency lose their rights to get their voices raised in the parliament. Even if after 12 months, my conviction is stayed, the chances lost are irreversible,

Sr. Adv. Singhvi: The Court has to see a prima facie case, assume there is a prima facie case, then what extra can a man show while seeking a stay on his conviction.

One could be the irreversibility of the situation.

Sr. Adv. Singhvi: In far more serious cases, conviction was stayed, if the argument of the complainant is accepted that conviction can't be stayed, Section 389 CrPC will move to a vanishing point. 

Sr. Adv. Singhvi refers to cases where MPs/MLAs, involved in more serious offences, a stay on conviction was granted by the High Court.

Sr. Adv. Singhvi: There is no bar on grant of stay of conviction even in serious cases, only that, the power is to be used sparingly. 

Sr. Adv. Singhvi: In serious cases like Murder, in Navjot Singh Sidhu matter, the conviction was stayed. In my case, neither a serious case is there, nor moral turpitude is involved and still conviction is not stayed.