Rahul Gandhi’s request to suspend his criminal defamation conviction in Surat was denied on Thursday. The recent judgment has hurt his chances of returning to parliament.
Judge Robin Mogera dismissed Gandhi’s criminal defamation plea, saying he “should have been more careful with his words.”
Gandhi’s MP disqualification “cannot be termed as irreversible or irreparable loss or damage to the Appellant, as envisaged by Gujarat High Court in Naranbhai Bhikhabhai Kachhadia’s case,” the court ruled.
“I hold that the Counsel for the appellant has failed in demonstrating that by not staying the conviction and denying an opportunity to contest the election on account of disqualification u/s. 8(3) of the Representation of the People Act, 1951 an irreversible and irrevocable damage is likely to be caused to the Appellant,” the additional sessions judge Mogera wrote.
“Caution and circumspection and if such power is utilized casually and mechanically
The order states that the Supreme Court has repeatedly ruled that courts should exercise their powers to suspend or stay convictions with “caution and circumspection and if such power is exercised in a casual and mechanical manner, the same would have serious impact on the public perception on the justice delivery systems and such order will shake public confidence in judiciary.”
Gandhi was found guilty of criminal defamation for his 2019 Karnataka election rally statements about Modi’s surname by a magisterial court on March 23. Under Indian Penal Code sections 499 and 500, he received the maximum two-year punishment. Purnesh Modi, a former minister and Surat BJP MLA, sued Gandhi.
The order excluded the former Congress president from Wayanad parliament. Unless his sentence is stayed, a legislator convicted of a crime for two years or more loses his standing immediately under the Representation of Peoples Act.
“Rahul Gandhi should have been more careful with his word which would have large impact on the mind of people,” the additional sessions judge said. Gandhi’s slanderous statements might inflict emotional anguish.
“In this case, uttering defamatory words viz. comparing persons having surname ‘Modi’ with thieves would definitely have caused mental agony and damaged complainant’s reputation, who is socially active and dealing in public.”