India’s Supreme Court stays conviction of Rahul Gandhi in 'Modi surname' criminal defamation case

India’s Supreme Court, in its interim order, placed Congress leader Rahul Gandhi’s conviction on hold in the criminal defamation case over the 'Modi surname' remark on Friday (August 4).

In its verdict, the apex court said, “There is no doubt that utterances are not in good taste, person in public life is expected to exercise caution while making public speeches.” The court accepted his affidavit in the contempt petition and observed that Gandhi ought to have been more careful.

Supreme Court said that the trial court judge did not give any reason for imposing the maximum sentence on Gandhi and added that the order of conviction needs to be stayed pending final adjudication.

Granting relief to the Congress leader, Supreme Court said that the ramifications of the order given by the trial court are wide. “Not only was Gandhi’s right to continue in public life affected but also that of the electorate who elected him,” said the court.

Gandhi’s conviction in the 'Modi surname' remark case led to his disqualification as MP. The court was hearing a plea filed by Congress leader Rahul Gandhi which challenged the verdict delivered by Gujarat HC that had declined to put on hold his conviction.

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Heated arguments

Senior advocate Abhishek Manu Singhvi, who was representing Rahul Gandhi in the court, said that the comments of the former Congress president on the “Modi surname” were not an offence against society, reported news agency ANI.

“First of all, Purnesh Modi’s (complainant) original surname is not Modi…He changed his surname… Not a single of the persons Gandhi had named during his speech have sued. Interestingly, everybody who is aggrieved in this very ‘small’ community in 13 crores, only people suing are BJP office-holders,” said senior advocate Abhishek Singhvi, as quoted by legal website Live Law.

“The judge treats this as a serious offence involving a moral turpitude. This is a non-cognisable, bailable, and compoundable offence. The offence was not against society, not kidnapping, rape, or murder. How can this become an offence involving moral turpitude?” Singhvi quizzed.

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“In the democracy, we have dissent, in democracy we have disagreement. What we call ‘shaleen bhasha’. Gandhi is not a hardened criminal. There are many cases filed by BJP workers, but there was never any conviction. Gandhi has already missed two sessions of the Parliament,” he added.

Replying to the arguments of Singhvi, senior advocate Mahesh Jethmalani, who appeared for complainant Purnesh Modi, stated that the entire speech was more than 50 minutes long and they have a plethora of clippings of the speech and evidence attached in the Election Commission of India’s record.

The Supreme Court stated that it wanted to know why Gandhi was given the maximum sentence. “Had the judge given a sentence of 1 year and 11 months, then he (Rahul Gandhi) would not have been disqualified,” the Supreme Court stated.

Gandhi back in Parliament, Priyanka Gandhi says 'Satyameva Jayate'

After the court's order, Gandhi became eligible to return to Parliament as a member as early as Monday, said two officials on Friday, adding that the verdict has paved the way for the revival of his membership of the House. 

Congress general secretary Priyanka Gandhi Vadra, hailing the decision of Supreme Court, cited Gautam Buddha's quote which said “Truth cannot be long hidden”.

“Three things cannot be long hidden: the sun, the moon, and the truth” ~Gautama Buddha," wrote Priyanka Gandhi on X (formerly Twitter). Gandhi further thanked the court for the “fair” decision and said “Satyameva Jayate”.

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