The Supreme Court stayed the conviction of Rahul Gandhi by a court in Gujarat's Surat over a criminal defamation case.
Published Aug 07, 2023 | 11:56 AM ⚊ Updated Aug 07, 2023 | 11:14 PM
Congress party leader Rahul Gandhi addressing a gathering. (Supplied)
Congress leader Rahul Gandhi was reinstated as the Wayanad MP on Monday, 7 August, following the Supreme Court order on 4 August staying his conviction in the “Modi surname” defamation case.
“In view of order dated 04.08.2023 of the Supreme Court of India, the disqualification of Rahul Gandhi, notified vide Gazette Notification no. 21/4(3)/2023/TO(B) dated the 24 March, 2023, in terms of the provisions of Article 102(1)le) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951, has ceased to operate subject to further judicial pronouncements,” said Lok Sabha Secretary General Utpal Kumar Singh in a notification.
The Congress leader was convicted on 23 March and was sentenced to two years in jail — the maximum sentence possible in a defamation case, and the minimum required for disqualification as an MP — by a court in Surat in Gujarat.
The Supreme Court, while staying the conviction of Rahul Gandhi on 4 August, was of the opinion that the lower court did not consider certain facts before awarding the sentence.
“Not only petitioner’s right to continue in public life affected but also that of electorate’s who have elected him,” said Justice BR Gavai while imposing a stay on the conviction.
The judge said the order of conviction needed to be stayed pending final adjudication.
Rahul Gandhi had, meanwhile, told the Supreme Court that the original surname of former Gujarat minister Purnesh Modi, who filed a defamation case against him, was not Modi and that he belonged to the Modh Vanika Samaj.
In a 2019 rally in Kolar in Karnataka, ahead of the general election, Rahul Gandhi had made adverse reference to the Prime Minister Narendra Modi’s surname, which Purnesh Modi contended was insulting to all Modis.
Senior advocate Abhishek Singhvi, appearing for Rahul Gandhi, told a three-judge bench of Justices BR Gavai, PS Narasimha, and Sanjay Kumar that his client is not a hardened criminal and there is no conviction in any case despite several cases filed against him by BJP workers.
After hearing the arguments, Justice Gavai said that the trial court did not consider various factors before awarding the sentence since the “offence is non-cognisable, bailable, compoundable, trial judge is expected to give reasons for imposing maximum sentence”.
“It is to be noted only on account of this maximum sentence, provisions of the RP (Representation of People) Act have come into play. Had the sentence been a day lesser, provisions would not have been attracted,” he added.
Gandhi moved Supreme Court after the Gujarat High Court dismissed his plea on 7 July, upholding the lower court’s order.
In his appeal filed on 15 July, Gandhi said that if the 7 July judgement was not stayed, it would lead to the throttling of free speech, expression, thought, and statement.
The case was filed against Rahul Gandhi on a complaint by Purnesh Modi for the 52-year-old Congress leader’s remarks at a public event.
Gandhi made the comment on the “Modi surname” while addressing a rally at Kolar in Karnataka on 13 April, 2019, during the campaign for the Lok Sabha elections.
The Congress leader, elected to the Lok Sabha from Wayanad in Kerala in 2019, was convicted on 23 March by the court of Chief Judicial Magistrate HH Varma and sentenced to two years in jail.
The magistrate’s court granted him bail the same day and suspended the sentence for 30 days to allow him to appeal in a higher court.
A day after his conviction and sentence, he was disqualified as a member of the Lok Sabha. Several Opposition parties decried the haste at which he was disqualified, not allowing him time to appeal.
He moved the high court after a court in Gujarat’s Surat city rejected the application for a stay on his conviction on 20 April.
