Gujarat High Court judge who refused to stay Rahul’s sentence transferred

The Supreme Court Collegium has recommended the transfer of four judges of the Gujarat High Court, including the one who recently refused to stay the conviction in a defamation case against Congress leader Rahul Gandhi. Justice Hemant M Prachchak, who upheld the lower court’s 2-year jail term against Rahul Gandhi in the ‘Modi surname’ defamation case, will be transferred to the Patna High Court in Bihar.

What did Justice Hemant say in the verdict?

Hemant Prachhak became the judge of the Gujarat High Court in October 2021. In the ‘Modi surname’ defamation case, on July 7, the Gujarat High Court had petitioned Rahul. In the 123-page judgment, Justice Hemant had said that there was no ‘ground’ to stay Rahul Gandhi’s sentence. He had also said that injustice would not be done to Rahul by not staying the sentence.

Justice Hemant had said in his judgment that there are about 10 criminal cases pending against the petitioner (Rahul Gandhi). Staying the judgment of the lower court is not the rule but the exception. It should be used in rare cases. The judge had said that the order of the lower court was just and correct.

Recommended by the collegium

At the same time, Justice Sameer Dave has been recommended for the Rajasthan High Court, Justice A.Y. Kogje has been recommended for the Allahabad High Court in Uttar Pradesh and Justice Gita Gopi for the Madras High Court in Tamil Nadu. Chief Justice of India D.Y. In the collegium headed by Chandrachud, Justice S.K. Kaul, Sanjeev Khanna, B.R. Gavai and Justice Surya Kant.

Besides this, the Supreme Court Collegium has also recommended transfer of Justice C. Manvendranath Roy from the Andhra Pradesh High Court and Justice Avnish Jhingam from the Punjab and Haryana High Court to Gujarat.