The Gujarat High Court is hearing the appeal filed by Congress leader Rahul Gandhi seeking stay on his conviction by a Magistrate court in a criminal defamation case against him [Rahul Gandhi v Purnesh Modi].
Single-judge Justice Hemant Prachchhak is hearing the case.
During the previous hearing, the Court had said that Rahul Gandhi is an elected representative of the people and must, therefore, have been cautious while making statements.
A sessions court in Surat had, on April 20, earlier dismissed Gandhi's plea seeking suspension of his conviction by the Magistrate court.
In a detailed order, the sessions court held that Gandhi's disqualification would not amount to be an irreparable or an irreversible loss to him and refused interim relief to him.
The now disqualified parliamentarian from Wayanad, Kerala was convicted by a Magistrate court in Surat on March 23 for his remark "all thieves have Modi surname" which he had made at an election rally in Karnataka's Kolar in 2019.
Gandhi had, in his speech linked Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi.
He had said,
"Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have 'Modi' as a common surname?"
Purnesh Modi, a former BJP Member of Legislative Assembly (MLA), took exception to the said speech claiming that Gandhi humiliated and defamed persons with the Modi surname.
The magistrate court in Surat accepted the contention of Modi that by his speech, Gandhi has intentionally insulted the people with a 'Modi' surname.
In his 168-page judgment, Judge Hadirash Varma said that since Gandhi is a Member of Parliament (MP), whatever he says will have a greater impact. Thus, he should have exercised restraint, the Magistrate ruled.
The sessions judge refused to stay the Magistrate court conviction leading to the present plea before the High Court
Live updates from the hearing below.