Gujarat HC judge recuses from hearing Rahul Gandhi’s plea against his conviction
Justice Gita Gopi of Gujarat High Court on Wednesday recused herself from hearing the criminal revision application of Congress leader Rahul Gandhi challenging a Surat court’s refusal to stay his conviction in a criminal defamation case.
Senior advocate Pankaj Champaneri, representing Gandhi, on Wednesday morning requested for urgent circulation of Gandhi’s plea for hearing on April 29 before the court of Justice Gopi, which is allotted with criminal revision application matters. Assistant public prosecutor Maithili Mehta while submitting that the prosecution cannot object to the petitioner’s request for urgent circulation, added that the public prosecutor (Mitesh Amin) will be appearing in the matter and that the state has a “serious objection” to the prayer of staying of conviction, as has been sought for in Gandhi’s plea. The court however recused itself from hearing the matter without attributing any reason.
Later in the day, Champaneri mentioned the matter again before the Acting Chief Justice AJ Desai requesting that the matter be placed for hearing before any court as it deems fit on April 29. According to a source, counsels from outside of Gujarat are due to appear on behalf of Gandhi because of which a specific date of hearing is being requested for.
ACJ Desai will take a call on the administrative side of the court that the matter will be listed before and on which date, following Justice Gopi’s recusal.
A Surat court of additional sessions judge Robin Mogera on April 20 had rejected Gandhi’s plea seeking a stay on the conviction, observing that “if such power is exercised in a casual and mechanical manner, the same would have serious impact on the public perception on the justice delivery systems and such order will shake public confidence in judiciary.”
Gandhi, in his plea before the Gujarat HC, is seeking a stay on his conviction on the grounds of disproportionate punishment and that such conviction has caused him irreversible harm by way of his membership disqualification from Lok Sabha.
A Surat magistrate court on March 23 had convicted Gandhi to two years simple imprisonment for criminal defamation in a complaint filed by Surat West MLA Purnesh Modi, over Gandhi’s remark” “Why do all thieves have the name Modi?”, made in 2019 during an election rally at Kolar in Karnataka.
