Supreme Court Bench Of Justices BR Gavai & PK Mishra To Hear Rahul Gandhi's Plea To Stay Conviction In Defamation Case Tomorrow

LIVELAW NEWS NETWORK

20 July 2023 7:45 PM IST

  • Supreme Court Bench Of Justices BR Gavai & PK Mishra To Hear Rahul Gandhis Plea To Stay Conviction In Defamation Case Tomorrow

    Supreme Court bench comprising Justices BR Gavai and Prashant Kumar Mishra will hear tomorrow Congress leader Rahul Gandhi's plea to stay conviction in the criminal defamation case.Gandhi has approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as...

    Supreme Court bench comprising Justices BR Gavai and Prashant Kumar Mishra will hear tomorrow Congress leader Rahul Gandhi's plea to stay conviction in the criminal defamation case.

    Gandhi has approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as a Member of Parliament.

    The criminal defamation case was filed over a remark made by Gandhi during the 2019 Lok Sabha campaign. Referring to persons like Lalit Modi, Nirav Modi, Gandhi had asked "why all thieves have the same surname?".

    On March 23, 2023, the Court of Chief Judicial Magistrate, Surat convicted and sentenced Gandhi to 2 years imprisonment, following which he was disqualified as a member of Lok Sabha. However, his sentence was suspended, and he was also granted bail on the same day to enable him to move an appeal against his conviction within 30 days.

    On April 3, Gandhi approached the Surat Sessions Court assailing his conviction and further seeking a stay on his conviction, which was rejected on April 20. However, Surat Sessions Court on April 3 granted bail to Gandhi till the disposal of his appeal.

    Dismissing Gandhi's revision plea, the Gujarat High Court observed that the case against Gandhi concerns a large identifiable class (Modi Community) and not just an individual.

    The Court added that being a senior leader of the oldest political party in India and a "prominent figure in the realm of the Indian political landscape", Gandhi is vested with a duty to ensure that the dignity and reputation of a large number of persons or any identifiable class is not "jeopardised" due to his political activities or utterances.

    Significantly, the HC also took note of other complaints pending against Gandhi, including one filed by the grandson of Vir Savarkar in the Pune Court. The HC noted that in the alleged speech, Gandhi used defamation utterances against Vir Savarkar at Cambridge University.

    'Corrodes Foundations Of Democracy' : 10 Grounds Raised By Rahul Gandhi In Supreme Court For Stay Of Conviction In Defamation Case


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