Patna High Court on Monday stayed the proceedings at an MP-MLA court in a defamation case against Congress leader Rahul Gandhi.
The MP-MLA court had directed Rahul to appear in person before it on Tuesday. The case pertains to his alleged remarks on the “Modi” surname.
A bench of Justice Sandeep Kumar stayed the proceedings while hearing a petition moved by Rahul’s lawyers who pointed out that he hadalready been convicted in a similar case by a court in Gujarat.
Justice Kumar directed the case to be taken up next on May 15.
“We had petitioned the high court to quash the case filed in the lower court here in Patna because the matter has already gone to trial in a court at Surat in Gujarat. Another trial in the same matter cannot take place because it would be illegal. The high court has stayed the lower court proceedings and will hear the case next on May 15,” Rahul’s counsel Virendra Rathore told reporters.
Senior BJP leader and Rajya Sabha memberSushil Kumar Modi had filed the case in the MP-MLA court in Patna on April 18, 2019, in the run-up to the Lok Sabha polls.
Rahul had surrendered in the court of the special judge of the MP-MLA court in Patna on July 6, 2019, and was granted bail. He had pleaded not guilty.
Since then, five witnesses, including Sushil, have deposed in the court and the prosecution evidence was closed in February 2023. The court, under Section 317 of the Criminal Procedure Code (CrPC), had directed Rahul to appear in person on April 12 and record his statement. It later fixed the date of appearance on April 25.
“We will be submitting our reply on the petition before Patna High Court on May 15,” Sushil’s lawyer S.D. Sanjay said.