SC Collegium Transfers Gujarat HC Judge Who Refused Stay on Rahul Gandhi’s Conviction

New Delhi: The Supreme Court collegium included the Gujarat High Court judge who refused to stay Congress MP Rahul Gandhi’s conviction in the criminal defamation case over his ‘Modi surname’ remark, in the list of judges recommended for transfer.

This Gujarat High Court Judge Justice Hemant M Prachchhak, in his verdict in Rahul Gandhi’s case passed in July, had observed that no case was made out to stay the conviction.

Justice Prachchhak, while being a lawyer defended former BJP minister Maya Kodnani, an accused in the 2002 Gujarat riots case.

In 2015, after Narendra Modi became the Prime Minister, he was appointed the Union government’s standing counsel for the High Court of Gujarat till 2019.

The list of judges transferred includes Justice Samir Dave and Justice Gita Gopi. In 2021, he was appointed a judge of the Gujarat High Court.

Justice Samir Dave recently recused himself from hearing activist Teesta Setalvad’s plea to quash FIR over alleged fabrication of evidence in the 2002 Godhra riots case, and Justice Gita Gopi recused from hearing Rahul Gandhi’s plea to suspend his conviction.

Justice Samir Dave had recently courted controversy for his “Manusmriti” reference while hearing a minor rape survivor’s plea for permission to terminate her pregnancy.

Four judges from the Punjab and Haryana High Court, and one from the Allahabad High Court, also feature in the list of nine recommended names.

The Collegium consists of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant.