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Synopsis

Congress Leader Rahul Gandhi has 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.

It would be necessary to read the speech as a whole to infer the intention to defame, Gandhi has submitted in the rejoinder filed by him before the Supreme Court in his plea challenging his conviction in the 2019 criminal defamation case over his Modi surname remark.

While making a case for stay on his conviction, Gandhi has submitted, "Defamation is only one of the 22 offences under the IPC that attracts only simple imprisonment. This is by itself an exceptional circumstance as far as the consideration for the stay of conviction is
concerned."

Supreme Court has been further told that the offence as per the language used in the statute does not fall within the gambit of offence against the society.

It is further Gandhi's case that while the complainant-respondent has said that he belongs to a Modi samaj, in fact there is no Modi Samaj or community established on record and there are only Modi Vanika Samaj or Modh Ghanchi Samaj existing. 

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

"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