Gujarat HC Judge Assigned To Hear Rahul Gandhi's Appeal Recuses Herself

Gandhi had moved the High Court seeking a stay on his conviction in the 2019 'Modi surname' defamation case.

(Photo: PTI)

Gujarat High Court judge Justice Gita Gopi, who was slated to hear Rahul Gandhi's appeal against his conviction in the Modi surname case, has recused herself from the hearing.

Only a day ago, Gandhi had moved the High Court seeking a stay on his conviction in the 2019 criminal defamation case filed against him.

The petition comes five days after a sessions court in Surat rejected Gandhi's plea seeking a stay on his conviction.

The court, on 23 March, had convicted Rahul Gandhi in a criminal defamation case for his comment that said "all people with Modi surname are thieves" that he made during an election rally in Kolar in April 2019.

The sentenced him to two years in jail and was disqualified as a member of the Lok Sabha a day later. 

Gandhi, however, will stay out of prison as he secured a bail in the case on 3 April.

What's the Modi Surname Case?

• Alleging defamation, BJP MLA and former Gujarat minister Purnesh Modi had filed a complaint under Sections 499 (defamation) and 500 (punishment for defamation) of the Indian Penal Code against Rahul Gandhi for his alleged remarks.

• Following his conviction in March, his sentence was suspended and he was also granted bail to enable him to appeal against his conviction within 30 days.

• The sessions court on 3 April granted him bail in the case till the disposal of his appeal.

• On 13 April, the sessions court heard Gandhi's plea, as well as the contentions of Purnesh Modi, and reserved its verdict in the matter for 20 April.