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In 2019, Gandhi in a poll rally at Kolar in Karnataka, said, “How come all thieves have Modi as the common surname”. For his remark, Gandhi was convicted of defamation and was sentenced to two years in jail which led to his disqualification from Lok Sabha.
Days after Supreme Court's order staying conviction of Rahul Gandhi in the Modi surname remark case, the Lok Sabha secretariat issued a notification on Monday revoking his disqualification from the House.
The notification states that this stay on Gandhi's disqualification is subject to further judicial pronouncement.
The Supreme Court of India on Friday last week stayed Gandhi's conviction stating that the Trial Judge had failed to give adequate reasons as to why, in the facts and circumstances, he found it necessary to impose the maximum sentence of two years on him.
However, the Top Court underscored that the utterance by Gandhi was not in good taste and a person in public life is expected to refrain from making such speeches.
On the point of sentencing in the matter, the Top Court further stressed that only on account of the maximum sentence of two years imposed by the trial Judge, the provisions of sub-section (3) of Section 8 of the Representation of the People Act, 1950 on disqualification had come into play.
"Had the sentence been even a day lesser, the provisions of sub-section (3) of Section 8 of the Act would not have been attracted..", Justice Gavai has said.
To be noted, Section 8(3) of the RP Act, 1950 disqualifies a person convicted of any offence and sentenced to imprisonment for not less than two years.
During the proceedings before the Supreme Court, Rahul 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.
Gandhi had approached the top court on July 15 after a single judge bench of Justice Hemant Prachchhak of Gujarat High Court had tabled the verdict in the 'Modi' surname remark case upholding his conviction.
Referring to other similar cases against Gandhi including his alleged disrespectful comments on Veer Savarkar, the high court had opined that in view of Gandhi's conduct and other pending cases against him, the conviction in the present case will not do any injustice to him.
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