Modi surname defamation case: BJP MLA Purnesh Modi files caveat in Supreme Court for being heard if Rahul Gandhi challenges HC order

The High Court refused to stay Rahul Gandhi’s conviction in the criminal defamation case filed by BJP MLA Purnesh Modi over ‘Modi surname’ remark and the Congress party had said that it would move the Supreme Court to challenge the High Court order.

A single-judge bench of the High Court on July 7 refused to interfere with a sessions court order, which had also refused to stay Rahul Gandhi’s conviction and sentencing in the defamation case.

The High Court, while rejecting Rahul Gandhi’s plea for a stay on conviction, said that a stay on conviction is not a rule, but an exception resorted to only in rare cases and there was no reasonable ground to stay his conviction.

The High Court observed that at least 10 criminal cases are pending against the Congress leader and even after filing of the defamation case by Purnesh Modi over the “Modi surname” remark, more cases have been filed against him, including the one filed by the grandson of Veer Savarkar.

A Surat magistrate court convicted and awarded Rahul Gandhi the maximum punishment of two years in the defamation case over “Modi surname” remark and this led to his disqualification from the Lok Sabha.

Rahul Gandhi, who was elected Member of Parliament from Kerala’s Wayanad Lok Sabha seat, was disqualified and may not be able to fight elections for the next eight years if his conviction in the case is not stayed. His plea for a stay on conviction was rejected by the sessions court and the High Court and now his only hope is the Supreme Court to become eligible to fight elections in near future.

Rahul Gandhi has maintained that his alleged statement made at a rally in Karnataka ahead of the last general elections was in connection with Narendra Modi, Nirav Modi, and Lalit Modi and not the Modi community as a whole.