Editor's Pick: Rahul Gandhi’s plea for stay on conviction rejected

A sessions court in Surat on Thursday dismissed Congress leader Rahul Gandhi’s plea seeking an interim stay on his conviction in a defamation case. Mr. Gandhi was sentenced to two years in prison for his 2019 remark, “How come all of these thieves have Modi in their surname?” The court had found him guilty of criminal defamation on a plea filed by BJP legislator Purnesh Modi. The sentence also led to Mr. Gandhi’s disqualification from the Lok Sabha. In his plea, Mr. Gandhi sought a stay on his conviction, stating that the trial was unfair. Now, the sessions court’s verdict implies that his Lok Sabha membership cannot be reinstated immediately. According to Additional Sessions Judge Robin Mogera, complainant Mr. Modi is a former Minister and involved in public life and hence Mr. Gandhi’s remarks would have certainly harmed his reputation and caused him pain and agony in society. The court order also noted that Mr. Gandhi himself is a public figure and as such, his words would have a large impact on the minds of the common public. “Rahul Gandhi failed to demonstrate that by not staying the conviction and denying an opportunity to contest the election, an irreversible and irrevocable damage will be caused to him,” the court also noted. The Congress Party will file an appeal against the sessions court’s judgement. Party spokesperson and senior Supreme Court lawyer Abhishek Manu Singhvi said that Judge Mogera’s judgement is “unfortunate” and “unsustainable”. “The judgment will be challenged in accordance with law in a high court. We are confident that superior courts with constitutional power of judicial review, namely High Court and Supreme Court, have the power and will set right the legal errors,” Mr. Singhvi said at a press conference. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. 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Mr. Gandhi was sentenced to two years in prison for his 2019 remark, “How come all of these thieves have Modi in their surname?” The court had found him guilty of criminal defamation on a plea filed by BJP legislator Purnesh Modi. The sentence also led to Mr. Gandhi’s disqualification from the Lok Sabha. In his plea, Mr. Gandhi sought a stay on his conviction, stating that the trial was unfair. Now, the sessions court’s verdict implies that his Lok Sabha membership cannot be reinstated immediately. According to Additional Sessions Judge Robin Mogera, complainant Mr. Modi is a former Minister and involved in public life and hence Mr. Gandhi’s remarks would have certainly harmed his reputation and caused him pain and agony in society. The court order also noted that Mr. Gandhi himself is a public figure and as such, his words would have a large impact on the minds of the common public. “Rahul Gandhi failed to demonstrate that by not staying the conviction and denying an opportunity to contest the election, an irreversible and irrevocable damage will be caused to him,” the court also noted. The [Congress Party will file an appeal]( against the sessions court’s judgement. Party spokesperson and senior Supreme Court lawyer Abhishek Manu Singhvi said that Judge Mogera’s judgement is “unfortunate” and “unsustainable”. “The judgment will be challenged in accordance with law in a high court. We are confident that superior courts with constitutional power of judicial review, namely High Court and Supreme Court, have the power and will set right the legal errors,” Mr. Singhvi said at a press conference. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Numbers game: On the State of World Population Report 2023 and the India projection]( [Arrow][Caring for strays: On the impact of the Animal Birth Control Rules 2023]( The Hindu’s Daily News Quiz According to the UN’s State of World Population Report, 2023, India will overtake China to become the most populated country by the middle of the year. 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