Gujarat HC judge opts out of hearing Rahul Gandhi's appeal in Modi surname case
New Delhi/IBNS: The Gujarat High Court judge, assigned to hear the appeal of Congress leader Rahul Gandhi in the Modi surname case, has recused herself, media reports said.
According to media reports, Justice Geeta Gopi has directed the court registry to hand over the case to the Chief Justice for assignment to a different bench.
On Monday, Gandhi approached the Gujarat High Court after a lower court turned down his request to freeze his conviction in the case involving his remarks on the surname of Prime Minister Narendra Modi.
Gandhi, disqualified from parliament last month after receiving a two-year jail term, cannot be reinstated if his sentence is not overturned or suspended.
He would, also, be unable to contest elections for the next eight years.
In his appeal, he has argued that the Surat sessions court has erred in dismissing his plea seeking a stay of conviction, which, he added, has caused him "irreparable and irreversible damage".
Gandhi had contended that the trial court had treated him harshly, overwhelmingly influenced by his status as an MP. Its decision, he again said, has caused him irreversible damage.
The judge, however, declared that Gandhi had "failed to demonstrate" that he is facing "irreversible and irrevocable damage" if his conviction is not stayed and he is not allowed to contest elections.