Rahul Gandhi, the leader of the Congress, was found guilty of criminal defamation following his remark about the “Modi surname” on Thursday, but Rahul Gandhi’s application for a stay of execution was denied by a court in Surat, Gujarat.
Gandhi’s request for a stay of execution, which, had it been granted, might have made it possible for him to be rehired as a member of parliament, was denied by court of additional sessions judge R. P. Mogera.
The Surat court’s decision was hailed by the BJP as a “victory” for the judiciary and the people, but the Congress vowed to continue using all legal options still available to it.
Gandhi’s lawyer Kirit Panwala said the sessions court’s order will be challenged in the Gujarat High Court.
On April 3, Gandhi’s lawyer filed two applications along with his main appeal against the lower court’s order sentencing him to two years in jail, one for bail and another for stay on conviction pending his appeal.
While dismissing Gandhi’s application, the court said his counsel failed to demonstrate that an “irreversible and irrevocable damage” is likely to be caused to him if he is denied the opportunity to contest election under section 8(3) of the Representation of the People Act, 1951, on account of his conviction not being stayed.
A metropolitan magistrate court here on March 23 sentenced Gandhi to two years in jail after convicting him under sections 499 and 500 of the Indian Penal Code for criminal defamation in the case filed by BJP MLA Purnesh Modi.
A day later, 52-year-old Gandhi, who was elected as the Lok Sabha member from Wayanad in Kerala in 2019, was disqualified under provisions of the Representation of the People Act.