Aug 04, 2023: The Supreme Court has granted a stay on the conviction of Rahul Gandhi in a criminal defamation case related to his “Modi surname” remark made during an election rally in 2019
This decision allows the revival of his Lok Sabha membership and opens the path for him to contest the upcoming national elections.
Justice BR Gavai, who pronounced the verdict, highlighted that the impact of Gandhi’s conviction is significant, as it affects the rights of the electorates who voted for him.
The Court highlighted in its order that it was expected from the trial judge to give reasons for imposing two years of punishment for a non-cognizable offence.
The court stated that “No specific reason has been granted by the trial judge to impose a maximum sentence apart from a comment by this Court. Had the sentence been even a day lesser, the provisions (pertaining to disqualification) would not have applied. Learned trial judge was at least expected to give reasons for imposing maximum sentence for not cognizable offence.”
According to the Bar and Bench, Justice Gavai stated that “One of the factors is .. if a constituency in parliament goes unrepresented, is it not a ground? There is no whisper by the trial judge for the need to impose the maximum sentence. You are not only affecting the rights of one individual but an entire electorate of a constituency.”
“No reason has been given by the trial judge for imposing maximum sentence, the order of conviction needs to be stayed pending final adjudication,” the bench said.
Gandhi had, in his speech, linked Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi. He had said, “Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have ‘Modi’ as a common surname?”
Gandhi had been earlier disqualified from parliament after his conviction in the case.
“We are of the considered view that the ramifications of the ruling are wide, and affect the rights of his constituency’s electorate. Considering the aforesaid and particularly that no reasons have been given by the trial judge for maximum sentence which has incurred disqualification, order of conviction needs to be stayed pendency of proceedings,” the top court ordered.
The case was filed by Purnesh Modi, a former minister in the Gujarat government, and had resulted in Gandhi’s disqualification from parliament. However, with the recent court order, Gandhi’s membership in the Lok Sabha from Wayanad would be restored.
Gandhi was convicted under Section 500 of the Indian Penal Code. Under Section 500 the individual can be punished with simple imprisonment for two years with or without fine for defaming the other person.
