In his appeal before Surat court, Rahul Gandhi says was mistreated, sentenced to attract disqualification as MP

Gandhi’s appeal argues that the disqualification of an elected representative “essentially interferes with the choice of the electorate in a free and fair election” and that a by-election would cause an “enormous burden on the state exchequer”.

In his appeal, seeking suspension of the sentence and bail, Gandhi pointed out that the punishment of two years of simple imprisonment “is very harsh in view of the fact that the lower court has inflicted the same for a single defamatory imputation as to ‘why all the thieves have surname Modi'”.

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Among the grounds stated for the appeal, his application says that the complainant/respondent Purnesh Modi “is not the person aggrieved of the offence and has no right to file the complaint” and that the mandatory inquiry under Section 202 of CrPC to be held before summons are issued to the accused “of outside the jurisdiction of the court is not held”.