The Gujarat High Court on Friday refused to stay Rahul Gandhi's conviction and two-year jail term in a criminal defamation case, leading to the loss of his Parliament membership.
The court ruled that granting a stay on conviction is an exception and not a rule. The bench of Justice Hemant Prachchhak observed as he pronounced the order.
The court noted, "Rahul Gandhi is seeking a stay on conviction on absolutely non-existent grounds. Staying on conviction is not a rule. As many as 10 cases are pending against (Gandhi). It is needed to have purity in politics…
"A complaint has been filed against (Gandhi) by the grandson of Veer Savarkar in Pune Court after Gandhi used terms against Veer Savarkar at Cambridge...Refusal to stay conviction would not in any way result in injustice to the applicant. There are no reasonable grounds to stay conviction. The conviction is just, proper and legal."
The defamation case, which dates back to the 2019 Lok Sabha election campaign, revolves around Gandhi's comment, "How come all thieves have the common surname Modi."
This remark was interpreted as an attempt to draw an implicit connection between Prime Minister Narendra Modi and fugitive businessmen Nirav Modi and Lalit Modi.
Rahul Gandhi's lawyer B.M. Mangukiya said, "This judgment has been passed despite lack of evidence. In the court's observations about the case, the analysis of it is wrong. There is no proof of all the things Rahul Gandhi is accused of."
Gujarat BJP leader Purnesh Modi said, "In 2019 Rahul Gandhi made a remark 'How come all thieves have Modi as a common surname'. After this, we filed a case in Surat Court. Be it Veer Savarkar or this, Rahul Gandhi has made such comments and he should think over and not do it. Instead, he should behave respectfully in India."
Youth Congress Chief Srinivas BV said, “You can never defeat the truth. Everyone knows why this decision is taken. When Rahul Gandhi ji spoke on the Adani issue and asked about the Rs 20,000 crore coming into the conglomerate through 'shell companies' -- this issue began. The Indian public is watching this and they will take the side of the truth. We will also continue fighting."
Congress Spokesperson Alka Lamba said, "This is not a setback. This is a legal battle and we will fight it. Rahul Gandhi has just one thing to say, 'daaro maat' and we are not scared. We will fight and we will win because this is against democratic rights. Rahul Gandhi had just asked a question against Adani and on their Rs 20,000 crore investment by shell companies. We will fight this battle till the end."
Congress treasurer Pawan Bansal said, "This decision is wrong. This decision should not have been taken."
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