New Delhi: 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 in 2019 and restored his status as a member of Parliament, enabling him to participate in the upcoming national elections.
Justice BR Gavai, delivering the verdict, pointed out the significant impact of Gandhi's conviction, not only on him but also on the electorates who elected him.
The court observed that the trial judge did not provide any justification for imposing the maximum sentence, and thus, the conviction should be put on hold until a final decision is made.
The defamation case was filed by Purnesh Modi, a former minister in the Gujarat government, over Gandhi's remark questioning why all thieves had the surname "Modi."
Gandhi's legal representative, senior advocate Abhishek Manu Singhvi, argued that the case was unusual since none of the individuals mentioned in Gandhi's speech had filed a suit against him.
He also highlighted the lack of uniformity and identifiability in the large community that shares the surname "Modi."
On the other hand, senior advocate Mahesh Jethmalani, representing Purnesh Modi, emphasized that there must be strong grounds for the court to stay the sentence without reevaluating the evidence, especially when the appeal was still pending before the sessions court.
Justice BR Gavai also raised the concern about the constituency of Wayanad being unrepresented due to the petitioner's conviction. He questioned the trial judge's rationale for imposing the maximum sentence and stated that such a decision not only affected an individual's rights but also the entire electorate of the constituency. In an affidavit submitted to the Supreme Court,
Rahul Gandhi maintained his stance of not apologizing for his "Modi surname" remark, asserting his innocence and calling the use of the criminal process to force an apology a misuse of the judicial system.
Overall, the Supreme Court's stay on Rahul Gandhi's conviction allows him to resume his role as an MP and participate in the upcoming national elections while the final adjudication on the case is pending.