The Gujarat High Court verdict on Rahul Gandhi’s criminal revision petition raises pertinent questions on defamation, disqualification and electoral representation law. The High Court was deciding on an application challenging the refusal of the Sessions Court to suspend the order of conviction against Mr. Gandhi under Section 389 of the Criminal Procedure Code (CrPC). The Court ultimately denied relief to the petitioner relying on the principle that a stay of conviction is not a rule but an exception to be resorted to in rare cases.
The verdict that this case does not fall in the category of such rare cases is central to the animated debate on this issue.