Congress leader Rahul Gandhi has got a big blow from the session court of Surat in Gujarat. The court rejected Rahul's application, in which he sought a stay on the sentence awarded by the lower court in the case of defamation regarding 'Modi surname'. The Congress will approach the High Court against this decision of the Sessions Court.
In fact, during a rally in Karnataka during the 2019 Lok Sabha elections, Rahul Gandhi made a statement regarding 'Modi surname'. Regarding this statement, BJP MLA Purnesh Modi had filed a defamation case against Rahul. Four years later, on March 23, the lower court of Surat convicted Rahul and sentenced him to two years' imprisonment.
After this, Rahul's Parliament membership was canceled by the Lok Sabha Secretariat under the Representation of the People Act. Rahul was an MP from Wayanad in Kerala. In fact, there is a provision in the Representation of the People Act that if an MP and MLA is punished for 2 years or more in a case, then his/her membership (from Parliament and Legislative Assembly) is cancelled. Not only this, after completing the punishment period, they also become ineligible to contest elections for six years.
On April 2, Rahul had moved the Surat Sessions Court against the lower court's decision. Two petitions have been filed by Rahul. In the first application, a stay on the conviction was sought, while in the second, a stay on the conviction was sought till the disposal of the appeal. The court of Divisional Sessions Judge RP Mogera, while hearing Rahul's petition on April 13, had reserved the decision for April 20. While granting bail to Rahul, the court had issued notice to the complainant Purnesh Modi and the state government on a petition to stay the conviction. After hearing both sides, the court had reserved the verdict.
Today's decision of the sessions court on Rahul Gandhi's petition is being considered as a big blow. Because if the court accepts Rahul's demand and bans punishment and conviction, then Rahul's membership of Parliament can be restored.
Recently, this was also seen in the case of Lakshadweep MP Mohammad Faizal. In January, Mohammad Faizal was sentenced to 10 years in prison by a trial court after he was convicted of attempted murder. After this Faizal's Lok Sabha membership was cancelled. Faizal had moved the Kerala High Court against the decision of the lower court. The Kerala High Court had stayed the sentence of Mohammad Faizal. After this the membership of Mohammad Faizal was restored.
However, now the court did not give relief to Rahul. In such a situation, Rahul will challenge the decision of the sessions court in the High Court.
Posted By Uday India
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