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Journalism of Courage
Congress leader Rahul Gandhi filed a revision application challenging a Surat court’s refusal to stay his conviction in a criminal defamation case on Tuesday before the Gujarat High Court.
Advocate BM Mangukiya said that the revision application has been filed under CrPC section 397 at 4 pm Tuesday, primarily on the grounds that the punishment of two years for criminal defamation is disproportionate and that irreversible damage has been caused that has led to Gandhi losing membership of the Lower House of Parliament.
Senior advocate Pankaj Champaneri is Gandhi’s advocate on record before the Gujarat HC. The case remains to be registered on the court’s records following which a date for listing of the case before a single judge court will be posted.
A Surat court of additional sessions Judge Robin Mogera on April 20 had rejected Gandhi’s plea seeking a stay on the conviction, observing that “if such power is exercised in a casual and mechanical manner, the same would have serious impact on the public perception on the justice delivery systems and such order will shake public confidence in judiciary.”
A Surat magistrate court on March 23 had convicted Gandhi to two years simple imprisonment for criminal defamation in a complaint filed by Surat West MLA Purnesh Modi, over Gandhi’s “Why do all thieves have the name Modi?” remark, made in 2019 during an election rally at Kolar in Karnataka.
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