- Rahul Gandhi’s request for suspension of conviction denied
- Gandhi can appeal to larger panel and Supreme Court
- Disqualification prompts united opposition challenge
Friday, a high court in western India denied opposition leader Rahul Gandhi’s request to suspend his conviction in a defamation case, dashing his hopes of returning to parliament and running in next year’s national elections.
Gandhi can now appeal to a larger panel of the same high court and, as a last resort, the Supreme Court.
Gandhi was convicted in March in a case brought by Purnesh Modi, a Gujarat state lawmaker from the governing Bharatiya Janata Party (BJP), for allegedly insulting Prime Minister Narendra Modi and others with the surname Modi in 2019.
And Gandhi had asked in an election campaign speech, alluding to two fugitive businessmen with the surname Modi, “Why do all thieves have the name Modi?”
Gandhi, the son of three Indian prime leaders, was sentenced to two years in prison but released on parole.
Gandhi lost his parliamentary seat because parliamentarians condemned to two years or longer in prison are automatically disqualified.
In addition, they are prohibited from standing for office for six years following their two-year prison sentence.
Gandhi has filed a distinct appeal with a district court, which has yet to hear the case.
On Friday, Gujarat High Court Justice Hemant Prachchhak said a stay of conviction is an exception, not a law.
The judge stated, “Denying a stay of execution would not harm the applicant.”
“In light of the facts and circumstances of this case, there is no reasonable basis to stay the applicant’s conviction.”
Gandhi provided no obvious response to the verdict.
Jairam Ramesh, a spokesman for the Congress, stated that the ruling would be examined. “The ruling only strengthens our resolve to pursue the matter further,” tweeted Ramesh.
During the hearing of the case, Gandhi’s attorney Abhishek Singhvi argued that the crime for which Gandhi was convicted is not “serious” and that the eight-year ban on Gandhi’s ability to run for office is “virtually permanent in politics.
Gandhi is only the second lawmaker in India to be expelled from the legislature following a conviction. In the other case, which occurred in January of this year, the lawmaker was reinstated.
India’s major opposition parties united to oppose the BJP in the 2024 national elections after Gandhi’s disqualification.