By Srishti Ojha: Congress leader Rahul Gandhi will remain disqualified as a Lok Sabha member as the Gujarat High Court on Friday rejected his plea on staying the conviction in the Modi surname case. Had the court paused the conviction, Rahul Gandhi's Lok Sabha membership would have been restored.
The Congress leader can now approach the Supreme Court to stay his conviction in the defamation case. Here's what the Gujarat High Court said while rejecting Rahul Gandhi's request.
- It's a well settled principle that a stay of conviction is not a rule but an exception to be resorted to in rare cases.
- Disqualification is not limited to only MPs and MLAs.
- As many as 10 criminal cases are pending against the applicant.
- A case was also filed by the grandson of Veer Savarkar.
- Refusal of stay of conviction won't result in injustice to him.
- No reasonable ground to stay conviction. The impugned order is just proper and legal.
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Rahul Gandhi was convicted by a Surat court and sentenced to prison for two years on March 23 for a speech during the 2019 Lok Sabha campaign. A day after the court's order, Rahul Gandhi was disqualified as a member of the Lok Sabha.
A defamation case was filed against Rahul Gandhi by a BJP leader for saying: "How come all thieves have the common surname Modi".
A stay on the conviction would have paved the way for Rahul Gandhi's reinstatement as a Member of Parliament. However, the Congress leader won't go to jail as his sentence was put on hold by the Surat court earlier.
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10 cases pending to not injustice: What Gujarat High Court said while rejecting Rahul Gandhi's plea - India Today
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