A sessions court in Surat in Gujarat on Monday granted bail to Congress leader Rahul Gandhi after admitting his appeal against conviction in a 2019 criminal defamation case over his “Modi surname” remark in which he has been sentenced to two years in jail.
Rahul who was disqualified from the Lok Sabha after he was handed two-year jail term last month, was present in Additional Sessions Judge R.P. Mogera’s court which granted him bail till the disposal of his appeal on a bond of Rs 15,000.
The court also issued a notice to complainant Purnesh Modi, a Bharatiya Janata Party (BJP) MLA and former Gujarat cabinet minister, over the application for suspension of the conviction. It set 13 April for hearing the plea seeking the suspension of conviction and subsequent sentence.
“Gandhi’s appeal against conviction was admitted by the sessions court. He also moved applications for bail and suspension of the conviction. The court granted him bail till the disposal of his appeal,” his lawyer Kirit Panwala said.
The four-time Lok Sabha MP, who reached Surat in the afternoon via a scheduled commercial flight along with sister Priyanka Gandhi Vadra, filed an appeal in the sessions court challenging his conviction in the case last month by a magistrate’s court in the city.
He filed two additional applications along with the main plea — the first for the suspension of sentence or for regular bail, and the second for the suspension of conviction.
The court allowed his first plea and granted him bail. On his plea for the suspension of conviction, the court issued a notice to complainant Purnesh Modi and kept the matter for hearing on April 13, the lawyer said.
BJP legislator Modi will have to file his response to the plea by 10 April, Panwala said, adding the Gujarat government has also been made a respondent and issued a notice by the sessions court.
Rahul also requested the court for exemption from personal appearance during the hearing and his prayer was allowed by the judge.
In a show of support for the former Congress president, party Congress general secretary Priyanka Gandhi Vadra and other leaders were present in the courtroom when the matter came up for hearing at around 3 pm.
Gandhi reached the court in a luxury bus accompanied by Priyanka Gandhi Vadra and other senior leaders, while a large number of party workers and supporters gathered outside the premises amid heavy police deployment.
Soon after the court granted him bail, Gandhi tweeted in Hindi, saying “This is a fight against “Mitrkaal” to save democracy. In this struggle, truth is my weapon, and truth is my support!”
Gandhi has been taking the ‘Mitrakaal’ jibe at the central government, accusing it of working to benefit its “crony capitalist friends”.
In another tweet, the Congress leader vowed to fight for the “voice of India”. He wrote, “I am fighting for the voice of India. I am ready to pay any cost.”
BJP MLA Modi had filed a criminal defamation case against Gandhi for the Congress leader’s remark, “How come all thieves have Modi as the common surname?”
The former Congress chief made the remark on “Modi surname” while addressing a rally at Kolar in Karnataka on April 13, 2019, during campaigning for the Lok Sabha elections. The remark was deemed defamatory and prompted former Gujarat minister Modi to file a case.
Gandhi, who was elected to the Lok Sabha from Wayanad in Kerala in 2019, was convicted on March 23 by the court of Chief Judicial Magistrate H H Varma and sentenced to two years in jail. The magistrate’s court had granted him bail for 30 days to appeal the verdict. A day later, he was disqualified as a member of the Lok Sabha.
A sentence of two years invited Gandhi’s disqualification from the Lower House of Parliament under provisions of the Representation of the People Act, 1951.
The RP Act holds that an MP or a Member of legislative Assembly (MLA) convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction.
BJP MLA Modi was a cabinet minister in the first Bhupendra Patel government which assumed office in September 2021. The ruling party legislator was re-elected from the Surat West Assembly seat in the December 2022 elections.