A sessions court in Surat on Thursday, rejected Congress Leader Rahul Gandhi's plea asking for a stay on his conviction in the 2019 Modi-surname criminal defamation case.
The sessions court had heard the plea, as well as the contentions of the complainant BJP leader Purnesh Modi on 13 April and reserved its verdict in the matter for 20 April.
Last month, the court convicted Rahul Gandhi in a criminal defamation case and sentenced him to two years in jail. He was disqualified as a member of the Lok Sabha shortly afterwards.
Gandhi's lawyers had filed two applications, one for a stay on the sentence (or bail till the disposal of his appeal) and another for a stay on conviction till the disposal of the appeal.
Moreover, Cheema pointed out that the speech is not defamatory until it is taken out of context. Gandhi said that the trial court stated two reasons for the conviction - that the complainant (BJP Leader Purnesh Modi) was shocked at his statements, and that his reputation was hurt. However these reasons do not make Purnesh Modi an aggrieved person under IPC Sections 499 (defamation) and 500 (punishment for defamation.)
Questioning the jurisdiction of the Surat court order, Cheema pointed out that the speech was made in Kolar.
The senior advocate also found it pertinent to point out that his client was imposed with the harshest and maximum punishment permissible under the law and if he had been punished by even a day less he would have been able to retain his seat as MP.
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