Supreme Court stays Rahul Gandhi's conviction in 'Modi surname defamation case'

Tribune News Service

Satya Prakash

New Delhi, August 4

The Supreme Court on Friday stayed the conviction of Congress leader Rahul Gandhi in the “Modi surname defamation case”, saying no reasons had been given by the trial judge for imposing the maximum sentence of two-year imprisonment that led to his disqualification as a Lok Sabha MP.

Truth always triumphs: Rahul Gandhi

Truth always triumphs, if not today then tomorrow or the day after. I thank people for their support.

Rahul Gandhi, Congress leader

The top court, however, said, “No doubt that the alleged utterances by the appellant are not in good taste. A person in public life is expected to exercise a degree of restraint while making public speeches.”

Sentencing led to disqualification of MP

Only on account of max sentence of 2 years by trial judge, Section 8 (3) of Representation of People Act came into play (inviting disqualification of MP)

The order – which came from a three-judge Bench led by Justice BR Gavai – paved the way for his reinstatement as a Lok Sabha member representing the Wayanad constituency in Kerala. “Particularly, when an offence is non-cognisable, bailable and compoundable, the least that the trial judge was expected to do was to give some reasons as to why, in the facts and circumstances, he found it necessary to impose the maximum sentence of two years,” the top court said.

Remarks weren’t in good taste

No doubt the alleged utterances by the appellant are not in good taste. A person in public life is expected to exercise a degree of restrain.

— SC Bench

The Bench – which had on July 21 issued notices to Gujarat BJP MLA Purnesh Modi and the state government on Gandhi’s petition against the High Court’s July 7 order refusing to stay his conviction – passed the order after hearing senior counsel AM Singhvi and Mahesh Jethmalani for Rahul and the complainant, respectively.

Not a clean chit

A BJP spokesperson said the SC had only stayed the conviction, not given a clean chit.

Noting that Rahul was already facing 10 criminal cases across India, Justice Hemant Prachchhak of the Gujarat High Court had said there was no reasonable ground to stay the conviction and the magisterial court’s order was “just, proper and legal”.

“Except the admonition given to the appellant (Rahul) by this court in contempt proceedings in Yashwant Sinha and Others v. CBI through its Director and another (for the “chowkidar chor hai” remark against PM Narendra Modi in connection with the Rafale deal), no other reason has been assigned by the learned trial judge while imposing the maximum sentence of two years,” the SC stated.

The Bench noted that “it is only on account of the maximum sentence of two years imposed by the learned trial judge, the provisions of sub-section (3) of Section 8 of the Representation of the People Act, 1950, have come into play. Had the sentence been even a day lesser, the provisions of sub-section (3) of Section 8 of the Act would not have been attracted.”

The top court said, “We are of the considered view that the ramifications of sub-section (3) of Section 8 of the Act are wide-ranging. They not only affect the right of the appellant to continue in public life but also affect the right of the electorate, who have elected him, to represent their constituency.” It lamented that though the Surat Sessions Court and the Gujarat High Court spent voluminous pages while rejecting the application for stay of conviction, all these aspects were not even touched in their orders.

BJP MLA and former minister in Gujarat government Purnesh Modi had filed a criminal defamation case against Rahul over his “How come all thieves have Modi as the common surname?” remark in 2019.

Case over Modi surname remark at Karnataka poll rally in 2019

April 13, 2019: At a poll rally in Karnataka, Rahul makes Modi surname remarks

April 15: BJP’s Surat MLA Purnesh Modi files criminal defamation suit against Rahul

July 7: Rahul appears for the first time before the Surat metropolitan court

March 23, 2023: Surat metropolitan court sentences Rahul to two years in jail

March 24: Rahul disqualified as a Member of Parliament

April 2: Rahul challenges the metropolitan court’s order in a sessions court in Surat

April 20: Surat sessions court grants him bail, but refuses to stay the conviction

April 25: Rahul files revision appeal before High Court against lower court order

July 7: Gujarat HC dismisses Rahul’s plea for stay on conviction

Aug 4: SC stays Rahul’s conviction, paves way for reinstatement as MP

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.

#Congress #Rahul Gandhi #Supreme Court