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  4. Temporary relief for Rahul Gandhi in Modi surname defamation case: Here's what Surat Court said

Temporary relief for Rahul Gandhi in Modi surname defamation case: Here's what Surat Court said

The Surat Court on Monday fixed May 3 for hearing on the plea which challenges the conviction of Rahul Gandhi in 'Modi' surname defamation case.

Arushi Jaiswal Edited By: Arushi Jaiswal Surat Updated on: April 03, 2023 19:28 IST
Rahul Gandhi, Surat court, Modi surname case
Image Source : AP Congress leader Priyanka Gandhi Vadra and Chief Ministers of Congress ruling states accompanied Rahul Gandhi to Surat.

Modi surname defamation case: A sessions court in Gujarat's Surat city on Monday granted bail to Congress leader Rahul Gandhi after admitting his appeal against conviction in a 2019 criminal defamation case over his "Modi surname" remark in which he has been sentenced to two years in jail, a defence lawyer said.

Gandhi (52), who was disqualified from the Lok Sabha after he was handed two-year jail term last month, was present in Additional Sessions Judge RP Mogera's court which granted him bail till the disposal of his appeal on a bond of Rs 15,000. The court also issued a notice to complainant Purnesh Modi, a Bharatiya Janata Party (BJP) MLA and former Gujarat cabinet minister, over the application for suspension of the conviction.

It set April 13 for hearing the plea seeking the suspension of conviction and subsequent sentence.


"Gandhi's appeal against conviction was admitted by the sessions court. He also moved applications for bail and suspension of the conviction. The court granted him bail till the disposal of his appeal," his lawyer Kirit Panwala said.

The four-time Lok Sabha MP, who reached Surat in the afternoon via a scheduled commercial flight along with sister Priyanka Gandhi Vadra, filed an appeal in the sessions court challenging his conviction in the case last month by a magistrate's court in the city.

He filed two additional applications along with the main plea -- the first for the suspension of sentence or for regular bail, and the second for the suspension of conviction. The court allowed his first plea and granted him bail.
On his plea for the suspension of conviction, the court issued a notice to complainant Purnesh Modi and kept the matter for hearing on April 13, the lawyer said.

BJP legislator Modi will have to file his response to the plea by April 10, Panwala said, adding the Gujarat government has also been made a respondent and issued a notice by the sessions court.

Gandhi also requested the court for exemption from personal appearance during the hearing and his prayer was allowed by the judge.

Earlier, Gandhi reached the Surat session court to file plea against his conviction in 'Modi surname' defamation case. Gandhi was accompanied by his sister Priyanka Gandhi Vadra and other top Congress leaders, including CMs of Rajasthan and Chhattisgarh. 

CMs of Congress ruling states accompany Rahul

The Chief Ministers of Congress ruling states accompanied Rahul Gandhi to Surat court.  Chief Ministers of Congress ruling states- Ashok Gehlot, Bhupesh Baghel and Sukhwinder Singh Sukhu were seen with Rahul Gandhi.

Meanwhile, the Congress party workers have gathered outside District and Sessions Court in Surat in support of Rahul Gandhi who will arrive here today to appeal against his conviction in a defamation case.

Sonia, Priyanka Gandhi at disqualified MP's residence

Ahead of his Gujarat visit, former Congress president Sonia Gandhi and Priyanka Gandhi Vadra arrived at his residence in Delhi. 

The Congress leader met his mother and former party president Sonia Gandhi on Sunday ahead of his appearance in a Surat court today. Rahul met Sonia Gandhi at a hotel in the national capital for more than 1.5 hours. He was accompanied by his brother-in-law Robert Vadra, news agency ANI reported.

Also Read: Rahul Gandhi's disqualification generated 'surprising wave of Opposition unity' says Shashi Tharoor 

Rahul Gandhi behaving as if he & his family are above law of land: BJP

BJP national spokesperson Sambit Patra on Monday accused Congress leader Rahul Gandhi of behaving as if he and his family are above the law of the land. Patra alleged Gandhi, who had cast a slur on OBC communities in 2019 and was convicted by a lower court in Gujarat, was visiting Surat during the day to foment trouble.  

Patra told a press meet at the BJP office here that, "Rahul must not think he is India and India is Rahul. He also accused Gandhi of behaving as if he and his family are above the law of the land.

"You were convicted by court as you had cast a slur on OBC communities, you can't take OBCs for granted, you cannot insult them....Don't forget a tribal woman has become the first President of the country, India has a PM from OBC, there are many from OBC in our cabinet," he said.

Rahul Gandhi will not bow down before Modi, Shah: Congress

Congress leader Adhir Ranjan Chowdhury said that Rahul Gandhi has said that he will not get afraid. "Rahul Gandhi has said that he will not get afraid. He will not bow down before Amit Shah, Modi. He will go before the judiciary itself. On one hand, you are saying that he should go to court but when he is going you are having a problem with it," said Chowdhury.

Rahul Gandhi was disqualified

Former Congress president Rahul Gandhi was disqualified from Lok Sabha, a day after he was convicted by a Surat court in a 2019 criminal defamation case.

Announcing his disqualification, the Lok Sabha Secretariat in a notification earlier said that it was effective from March 23, the day of his conviction. "Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat. Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023," the notification read.

Rahul to vacant government bungalow

Disqualified MP was asked to vacate a government bungalow in Delhi days after he was convicted.  According to an official notification, the former Wayanad MP need to vacate his 5-bedroom Type 8 bungalow situated at 12 Tughlak Lane in Lutyen's Delhi by April 22.

He will require a no-objection certificate from the New Delhi Municipal Council before vacating his official bungalow. The New Delhi Municipal Council (NDMC), which looks after water and electricity supplies in these Central Public Works Department bungalows, has been marked a copy of the Lok Sabha Housing Committee's letter asking Gandhi to vacate his accommodation.

Sources said Gandhi can write to the Housing Committee seeking an extension, and the panel can take a decision depending on the validity of the reasons cited by him.

Also Read: 'Rahul Gandhi is a revolution': Navjot Singh Sidhu's first words after walking out of jail I WATCH

Surat's court sentence Rahul Gandhi to two years in jail

The court in Surat sentenced on Thursday Rahul Gandhi to two years in jail in a defamation case, filed on a complaint by BJP MLA Purnesh Modi for his alleged remark, "How come all thieves have Modi as the common surname?" Following his disqualification, Rahul Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.

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