New Delhi: Gujarat high court Justice Gita Gopi on Wednesday, April 26, recused herself from hearing the appeal filed by Rahul Gandhi seeking a stay on his conviction in the Modi surname criminal defamation case.
According to Deccan Herald, the Congress leader’s lawyer P.S. Champaneri mentioned the case before Justice Gopi and sought an urgent hearing. However, the Gujarat government’s assistant government pleader opposed the move because he was of the opinion that the matter should be permitted for urgent circulation but not hearing. Champaneri, according to the Herald, said the matter was a private complaint and the state had nothing to do with it.
Justice Gopi, after a brief hearing, recused herself and directed the court registry to remand the matter back to the chief justice, who will now assign the case to a different bench.
Gandhi was found guilty of criminal defamation on March 23 for a statement he had made at a political rally in Karnataka in 2010. He received a two-year sentence, the maximum jail term under sections 499 and 500 of the Indian Penal Code, and the minimum required for an MLC, MLA or MP to be immediately disqualified – which he subsequently was.
His plea challenging the magistrate court’s verdict was rejected by the Surat session’s court. However, he was granted bail until his appeal is disposed of. The judge who rejected the appeal was formerly Amit Shah’s lawyer, and represented the present Union home minister in a fake encounter case in 2006.