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Synopsis

A three-judge bench of the Supreme Court of India today stayed the conviction of Congress Leader Rahul Gandhi in the 2019 criminal defamation case over his Modi surname remark.

Justice BR Gavai led bench noted that no reasons were given by trial judge for imposing a two-year sentence on Gandhi which has incurred his disqualification.

The bench has further noted that only on account of this sentence, Section 8(3) Representation of People Act, 1950 came into play and even a day lesser would not have attracted Section 8 and particularly when the offence under Section 499, of the Indian Penal Code is non-cognizable, compoundable and bailable, the judge was expected to give some reasons to impose the maximum sentence.

Notably, Section 8(3) of RP Act, 1950 disqualifies a person convicted of any offence and sentenced to imprisonment for not less than two years.

"Though the utterance by the petitioner is not in good taste and a person in public life is expected to refrain from making such speeches. The petitioner ought to have been more careful. Maybe if the judgement of this court came prior to these proceedings, he would have been more careful while making such remarks which are alleged to be defamatory. We are of the considered view that the ramifications of Section 8(3) of the Representation of the People Act, 1950 are wide, and affect not only the right of elected persons but also the electoral constituency. We are of the considerate view that no reasons given by trial judge for imposing such sentence which has incurred disqualification, we are of the view that the order of conviction needs to be stayed during pendency of proceedings", the bench also comprising Justices PS Narasimha and Sanjay Kumar has observed.

In his recent rejoinder, Gandhi had defended the remarks made by him on the Modi surname by saying that as a Parliamentarian and a Leader of the Opposition, it was necessary for him to critically evaluate the conduct and performance of the ruling establishment.

Arguing that the complainant had not personally heard Gandhi make the disputed speech, the rejoinder added,

"The case of the Petitioner was merely filed on the basis of a WhatsApp screenshot of an IANS Article from which the Respondent No.1 conveniently drew his own contexts to the speech and thus, it is not wrong to say that the same was proceeded on mere assumptions and conjectures from the very inception."

It is to be noted that on July 21, the Supreme Court had refused to grant an interim suspension on the disqualification of Gandhi from the Lok Sabha following his conviction in the criminal defamation case.

"I would just like to point out that the petitioner has suffered for 111 days already..he has already lost one parliament session. Elections to Wayanad constituency will happen shortly..I am sure Mr Jethmalani is not concerned with disqualification..an interim suspension may be given...", Senior Advocate AM Singhvi appearing for Gandhi had told the bench.

While not agreeing to his request, the bench said, "We will have to hear the other side too..".

A bench of Justices BR Gavai and Prashant Kumar Mishra then went on to issue notice on the matter and kept it for hearing on August 4, 2023.

On Monday July 17, the Supreme Court had agreed to hear Gandhi's plea challenging the Gujarat High Court's recent refusal to stay his conviction, after Singhvi had mentioned the plea seeking listing on Friday or Monday.

Gandhi had approached the top court on July 15 after a single judge bench of Justice Hemant Prachchhak had tabled the verdict in the 'Modi' surname remark case upholding his conviction.

Notably, the same day, the high court had denied relief to the Congress leader, expecting an appeal from Gandhi against the High Court's decision, the complainant, Purnesh Modi had filed a caveat in the Supreme Court of India.

In view of Gandhi's conduct and other pending cases against him, Justice Prachchhak had opined that the conviction in the present case would not do any injustice to him.

In 2019, Gandhi in a poll rally at Kolar in Karnataka, said, “How come all thieves have Modi as the common surname”. Thereafter, a defamation case was filed against Gandhi by Bhartiya Janta Party (BJP) MLA and former Gujarat Minister Purnesh Modi, under Sections 499 and 500 of the Indian Penal Code. 

On March 23, 2023, the Congress leader who was then a parliamentarian from Wayanad, Kerala, was convicted by Surat District Court and sentenced to two years in jail. This conviction led to Gandhi's disqualification from his membership in Lok Sabha. 

Case Title: Rahul Gandhi vs. Purnesh Ishwarbhai Modi