Relief for Congress Leader and former MP Rahul Gandhi, SC stays conviction in criminal defamation case

Today, the Supreme Court (SC) of India relieved Congress Leader and former MP (Member of Parliament) Rahul Gandhi by staying his conviction in the criminal defamation case over the “Modi surname” remark. The Gujarat High Court convicted him in the criminal defamation case and imposed imprisonment for two years. The SC bench ordered “The sentence for an offence punishable under Section 499 of the India Penal Code is maximum of two years of sentence or fine or both. The learned trial judge, in the order passed by him, has awarded the maximum sentence of two years. Except the admonition to the petitioner by this Court in a contempt proceeding, no other reason has been granted by the learned trial judge while imposing the maximum sentence of two years. It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned trial judge that the provisions of Section 8(3) of the Representation of People Act came into play. Had the sentence been a day lesser, then the provisions would not have attracted. Particularly when the offence was non-compoundable, bailable, and cognizable, the latest which was expected from the learned trial judge was to give reasons for imposing the maximum punishment. Though the learned appellate court and the High Court have spent voluminous pages in rejecting the applications, these aspects are not seen considered.”

A three-judge bench of the Supreme Court including Justice PS Narasimha, Justice BR Gavai, and Justice Sanjay Kumar was hearing a plea challenging the Gujarat HC’s order refusing to stay Rahul Gandhi’s conviction in the defamation case which further resulted in his disqualification from the Lok Sabha. In 2019, Rahul Gandhi made a defamatory comment at an election rally in Karnataka's Kolar constituency. He said “Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have ‘Modi’ as a common surname?” He was convicted for the same on March 23 whereas his plea for suspension of the conviction was dismissed on April 20 by Surat’s Session Court. Further, he moved to the High Court which also dismissed his plea as a result he approached the SC. While staying the conviction, the SC bench observed that the remarks made by Rahul Gandhi were not in ‘good taste’. Moreover, it opined that while making public speeches an individual should be more careful. Along with this, the bench considered the ramifications of Section 8(3) and stated that “The ramifications of disqualification not just affect the right of the individual but also the electorate.” The SC further stayed Rahul Gandhi’s conviction without considering the merits of the matter.

During the Court proceedings today, Senior Counsel Abhishek Manu Singhvi, Senior Advocate Harin Raval, Senior Advocate Rajinder Cheema, Advocate Prasanna, and Advocate Tarannum Cheema appeared for Gandhi. On the other hand, Senior Advocate Mahesh Jethmalani, Advocate Mugdha Pande, Advocate Harsh Tolia, and Advocate PS Sudheer appeared for Purnesh Modi. 

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