Congress to move Supreme Court against Gujarat HC order on Rahul Gandhi's conviction

Describing the Gujarat High Court verdict refusing to stay Rahul Gandhi's conviction in a defamation case as “highly disappointing but not unexpected”, Congress on Friday said its top leader will approach the Supreme Court soon, as it found the latest order “totally wrong in law”.

The party rallied behind Rahul with Congress president Mallikarjun Kharge saying that no leader is afraid of the BJP's “political conspiracy” while leaders and workers across the country staged protests against the verdict, which resulted in the continuation of their leader's disqualification from the Lok Sabha.

Also read | Blow to Rahul Gandhi as Gujarat HC refuses to stay his conviction in Modi surname case

“Rahul Gandhi has always fought for the truth and will continue to fight in the future. The truth is that fugitives like Lalit Modi, Nirav Modi, Mehul 'Bhai', Vijay Mallya, and Jatin Mehta, fled the country under the supervision of the Modi government after taking public money. The BJP freed them but is using lies as part of a political conspiracy to put Rahul Gandhi in jail and get him suspended from Parliament,” Kharge said.

Addressing a press conference here as the High Court refused to stay Rahul's two-year conviction in a case where he is accused of making defamatory comments against the Modi community, senior lawyer and MP Abhishek Singhvi said the verdict was "highly disappointing, but it was not unexpected" and that it has "no precedent or parallel" with any other judgments ever passed on the subject of defamation laws.

The government is "finding newer techniques to throttle" Rahul's voice, as it is "rattled" by him speaking the truth, Singhvi said.

He said even the High Court has not responded to their query on how the complainant was personally defamed, how malice is proved and what damages or loss suffered by these individuals.

Stopping short of calling the verdict politically motivated, he said he would only point out that complaints are filed by office bearers and leaders of the BJP across the country in connection with the comments while claiming that it was very clear that it is orchestrated. “If there is any malice, it is towards Rahul...the boot is on the other leg. If there is malice, it is on those who filed the cases against Rahul...The motivated pattern demonstrates the malice on them,” he said.

Singhvi was also critical of the High Court for referring to the cases against Rahul, including the one alleging that he defamed VD Savarkar, saying the Congress leader is not convicted in any of these cases. He also criticised the government for mentioning that Prime Minister Narendra Modi was defamed, asking why the top BJP leader then did not file a defamation case.

On the Savarkar mention, he said it was completely illegal. "The case on VD Savarkar was filed a month after the lower court pronounced its judgement...How is this relevant in the slightest? At the end of the arguments, a cutting was handed over by the complainant’s counsel...The cutting is neither pleaded nor otherwise argued. Yet this becomes a major basis of appeal," he said.

"Defamation law was misused...We trust the law system, the judiciary and the Supreme Court but the court above the apex court is the people's court. We are showing the people the cottage industry of hurling accusations set up by BJP workers so that free speech stops," he said.