Rahul Gandhi granted bail in defamation case; hearing on his appeal in Surat court on April 13

The Surat Sessions court on Monday granted bail to Congress leader Rahul Gandhi in the 2019 criminal defamation case over his 'Modi surname remark' in which he was convicted and sentenced to two years of imprisonment.

The lower court also paused his two-year jail sentence until a decision has been made on his appeal and posted the matter for hearing on April 13. 

The disqualified MP, along with his sister Priyanka Gandhi Vadra and other senior Congress leaders reached the sessions court on Monday and filed an appeal challenging his conviction and sentencing.

Gandhi's legal team filed appeal no. 254/2023 before he reached the court and sought bail.

Gandhi was convicted on March 23 by the court of Chief Judicial Magistrate H H Varma and was sentenced to two years in jail. The court had granted him bail and suspended the sentence for 30 days to appeal in a higher court. A day later, he was disqualified as a member of the Lok Sabha.

The 52-year-old Congress leader reached Surat via a scheduled commercial flight along with sister Priyanka Gandhi Vadra on Monday afternoon.

He was received at the Surat airport by Rajasthan Chief Minister Ashok Gehlot before they left for the sessions court.

A large number of workers of Congress gathered outside the court and shouted slogans in support of Gandhi. Several workers were detained by police from the outskirts of the city and neighbouring Navsari district while they were headed towards Surat.

The case was filed against Gandhi on a complaint by Bharatiya Janata Party MLA and former Gujarat minister Purnesh Modi for the Congress leader's alleged remarks "How come all thieves have Modi as the common surname?"

Gandhi, who had served as an MP from Wayanad in Kerala, made the remarks while addressing a rally at Kolar in Karnataka on April 13, 2019, during the Lok Sabha elections campaign.

The sentence of two years under Indian Penal Code sections 499 and 500 invited his disqualification from the membership of Parliament under provisions of the Representation of the People Act, 1951.

The RP Act holds that an MP or a member of the legislative Assembly (MLA) convicted for any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction.

If his disqualification is not reveresed, Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.

With PTI inputs