Rahul Gandhi on Saturday sought a stay on his conviction for defamation, his lawyer telling Gujarat High Court that the offence for which the maximum sentence had been awarded was not serious and did not involve “moral turpitude”.
Advocate Abhishek Singhvi further argued that denial of a stay could have “irreversible” consequences for Rahul.
If a by-election is conducted for the Wayanad constituency that Rahul represented before being disqualified as MP, its result cannot be undone even if the Congress leader later wins his appeal against his conviction, Singhvi said.
A Surat court has convicted Rahul of defamation for a comment that referred to the “Modi” surname and “thieves”, and handed him the maximum jail term of two years — which also happens to be the minimum sentence required to disqualify a lawmaker.
After Singhvi’s arguments, advocate Nirupam Nanavati, representing the complainant — BJP MLA Purnesh Modi — sought time to file a reply. The high court adjourned the hearing till May 2.
Singhvi contended before Justice Hemant Prachchhak that as many as six serious errors had vitiated the trial.
“There are very serious ex-facie vitiating factors of the trial that raise grave apprehension about the process of trial,” he argued, underscoring that the maximum sentence was awarded for a bailable, non-cognisable offence.
“In the case of a public servant or a legislator, it has very serious additional irreversible consequences — to the person, the constituency, and also drastic consequences of re-election.”
If a by-election is held for Wayanad, the situation becomes “drastic and irreversible” as the new winner cannot be unseated even if Rahul wins his appeal, he said.
“If I (Rahul) don’t get the conviction stayed, I am otherwise debarred from contesting (polls) for a period of eight years.”
Singhvi asked why Purnesh had not challenged Rahul’s application in the sessions court for a stay on the sentence — a relief that cannot reinstate him as MP — but challenged his plea for a stay on the conviction.
The lawyer questioned Purnesh’s “possible interest in (Rahul) Gandhi’s disqualification”.
