Modi surname case: Relief to Rahul Gandhi as Patna HC stays lower court order till May 15

The Patna High Court granted relief to Congress leader Rahul Gandhi, staying the order of the lower court till May 15, 2023, in the "Modi surname" defamation case.

"A lower court in Patna had asked Gandhi to appear before it on April 12. Rahul Gandhi filed a petition before high court to quash the order," SD Sanjay, advocate appearing for BJP leader Sushil Kumar Modi’s counsel, was quoted y ANI as saying.

Meanwhile, Congress leader Rahul Gandhi’s counsel Virendra Rathore said: "We had filed a quashing petition. When a matter is already under trial in Surat court, then there cannot be another trial in a different court in the same matter. This is illegal."

The advocate informed that the next hearing is on May 15 and all lower court proceedings have been stayed till then. "The court accepted his plea and gave him relief. Now, he will not have to appear in the lower court in Patna," Gandhi's lawyer said.

Gandhi was convicted in the case lodged against him over a "how come all thieves have Modi as the common surname" remark made during an election rally in 2019. On March 23, he was sentenced to two years in jail by a metropolitan magistrate's court in Surat. He, however, was granted bail so that he could file an appeal in the higher court.

Gandhi had then filed an appeal before the sessions court in Surat against the verdict. He also prayed for a stay to the conviction in the meantime.

A Surat sessions court had on April 20 dismissed Rahul Gandhi's application seeking a stay on his conviction in the case. He is now yet to appeal against his conviction in the criminal defamation case.

A political slugfest ensued after Rahul Gandhi's conviction, with the Congress holding nationwide protests. The former Congress chief was disqualified as a Lok Sabha MP and was also asked to vacate his official bungalow in Delhi.