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regular-article-logo Saturday, 06 July 2024

Rahul Gandhi files appeal in Surat sessions court against his conviction in 2019 defamation case

The court had granted him bail and suspended the sentence for 30 days to appeal in a higher court

PTI Surat Published 03.04.23, 03:17 PM
Rahul Gandhi

Rahul Gandhi File picture

Disqualified MP Rahul Gandhi on Monday filed an appeal in the sessions court here challenging his conviction and sentencing by a lower court in the 2019 criminal defamation case over the "Modi surname" remark.

Gandhi's legal team filed appeal no. 254/2023 before he reached the court and sought bail.

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Congress general secretary Priyanka Gandhi Vadra and other senior leaders accompanied Gandhi in the courtroom.

Gandhi was convicted on March 23 by the court of Chief Judicial Magistrate H H Varma and was sentenced to two years in jail.

The court had granted him bail and suspended the sentence for 30 days to appeal in a higher court.

A day later, he was disqualified as a member of the Lok Sabha.

The 52-year-old Congress leader reached Surat via a scheduled commercial flight along with sister Priyanka Gandhi Vadra on Monday afternoon.

He was received at the Surat airport by Rajasthan Chief Minister Ashok Gehlot before they left for the sessions court.

A large number of workers of Congress gathered outside the court and shouted slogans in support of Gandhi. Several workers were detained by police from the outskirts of the city and neighbouring Navsari district while they were headed towards Surat.

The case was filed against Gandhi on a complaint by Bharatiya Janata Party MLA and former Gujarat minister Purnesh Modi for the Congress leader's alleged remarks "How come all thieves have Modi as the common surname?" Gandhi, who had served as an MP from Wayanad in Kerala, made the remarks while addressing a rally at Kolar in Karnataka on April 13, 2019, during the Lok Sabha elections campaign.

The sentence of two years under Indian Penal Code sections 499 and 500 invited his disqualification from the membership of Parliament under provisions of the Representation of the People Act, 1951.

The RP Act holds that an MP or a member of the legislative Assembly (MLA) convicted for any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction.

Following his disqualification, Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.

Police personnel have been deployed inside and outside the premises of the Surat sessions court and also on the road leading to the court.

"We have deployed police jawans outside and inside court premises as well as on the road. Police have made enough security arrangements for security. We are conducting checks and making sure that law and order is not disturbed," Additional Commissioner of Police, KN Damor, told reporters.

"We have come from Mumbai to support Rahul Gandhi and save democracy," a Congress worker said.

They raised slogans like "Modi, Adani Bhai Bhai," and "Save Constitution, Save Democracy" as they stood outside the court premises to welcome Gandhi.

Speaking to reporters, Gehlot said the ongoing "tamasha" (drama) in India involving the "destruction" of the Constitution has put a question mark on which way the country is headed.

Gehlot alleged the Bharatiya Janata Party (BJP) is "fascist" and does not believe in democracy.

He claimed Rahul Gandhi was being punished for raising the issue of black money in his 2019 speech. "What happened to Prime Minister Narendra Modi's 2014 promise to bring back black money?" he asked.

"The 'tamasha' happening in the country has created uncertainty about in which direction the country will go. The Constitution is being destroyed, and democracy is in danger. We are all worried. Every citizen should be worried about this and understand who is right or wrong," the Rajasthan chief minister claimed.

Gehlot alleged Central agencies such as the Enforcement Directorate, Central Bureau of Investigation, and Income tax are under pressure, along with the Election Commission and judiciary.

"The 'tandav' of ED, CBI and Income tax, and pressure on the judiciary and the Election Commission....The Lok Sabha Speaker is also under pressure. He is from Rajasthan, and he should behave impartially," he added.

Queried on the detention of Congress workers, Gehlot said, "Why should the government have a problem with people carrying out demonstrations to express their feelings? People are being detained for satyagrah, taken to police stations, and their vehicles seized. People will not like this".

He said the people in the BJP do not understand this because they do not believe in democracy. "They are the people with fascist tendencies".

Gehlot claimed Rahul Gandhi was being punished for raising the issue of black money which has "scared" the BJP. He alleged the BJP is twisting this issue by (seeking Rahul Gandhi's apology to OBCs).

"They are scared and that is why they are twisting it as an issue of OBCs. I belong to an OBC community, and so is (Bhupesh) Baghel (Chhattisgarh chief minister). I am the only MLA of my caste, but have become the CM thrice," he said.

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