On Wednesday, a judge in the Gujarat High Court recused herself from hearing Congress leader Rahul Gandhi’s appeal challenging the Surat sessions court's order that denied his request to stay his conviction in a criminal defamation case over his “Modi surname” remark. Gandhi’s lawyer, P.S. Champaneri, had requested an urgent hearing in front of Justice Gita Gopi, but after a brief hearing, the court said, “Not before me.”
The recusal occurred a day after Gandhi filed the appeal in the high court. Champaneri stated that the court had given him permission to circulate the matter for Wednesday, but when it came up for hearing, it recused itself from the case.
Champaneri said that now a note will be sent to the Acting Chief Justice to place the matter before any other court.
The case was requested to be heard in Justice Gita Gopi's
court because her court deals with criminal revision. A metropolitan magistrate’s court in Surat sentenced the former
Congress president to two years in jail on March 23 after convicting him under Indian Penal Code Sections 499 and 500 (dealing with criminal defamation) in the 2019 case filed by Gujarat BJP MLA Purnesh Modi.
Following the verdict, Gandhi, who was elected to the Lok Sabha from Wayanad in Kerala in 2019, was disqualified as a Member of Parliament (MP) under provisions of the Representation of the People Act.
Gandhi challenged the order in a sessions court in Surat along with an application to stay his conviction. While granting him bail, the court on April 20 rejected the Congress leader’s application for a stay on his conviction.
BJP MLA and former cabinet minister Purnesh Modi had filed a criminal defamation case against Gandhi over his “How come all thieves have Modi as the common surname?” remark made during an election rally at Kolar in Karnataka on April 13, 2019.
If a stay order is granted, it could pave the way for
Gandhi’s reinstatement as a Member of Parliament. Gandhi is currently on bail in the case.
With agency inputs.
