Rahul Gandhi back as MP, can contest polls as Supreme Court pauses conviction

Mangalore Today News Network

New Delhi, Aug 04, 2023: In massive relief for Congress leader Rahul Gandhi, the Supreme Court today paused his conviction in a 2019 defamation case over his ’Modi’ surname remarks. With this, Rahul Gandhi’s status as a Member of Parliament - he was disqualified following his conviction - stands restored.

 

A Surat court had, on March 23, convicted Rahul Gandhi and sentenced him for two years. A day later, he was disqualified as a Lok Sabha MP; he represented the Wayanad seat in Kerala.

The Supreme Court today said that there was no reason given by the Surat court for imposing the maximum sentence on Rahul Gandhi. "No reason has been given by the trial judge for imposing maximum sentence, the order of conviction needs to be stayed pending final adjudication," a three-judge bench of Justices BR Gavai, PS Narasimha and Sanjay Kumar said.

The top court, though, noted that the Congress leader’s "utterances were not in good taste", adding that a person in public life is expected to "exercise caution while making public speeches." The court was referring to Gandhi’s "How come all thieves have Modi as the common surname?" remark made during an election rally in Kolar in Karnataka in April, 2019.

Rahul Gandhi had gone to the Supreme Court after a sessions court in Surat and then the Gujarat High Court refused to put his conviction on hold.

During the hearing earlier today, the Supreme Court had remarked that the Gujarat High Court order made for a "very interesting read" and that it had a "lot of preaching."

Dismissing Rahul Gandhi’s petition, the Gujarat High Court had, on July 7, observed that "purity in politics" is the need of the hour. The High Court further said that there was no reasonable ground to pause the conviction, adding that the trial court’s order was "just, proper and legal" and there was no need to interfere with it.

"There is no reasonable ground to stay the conviction. The trial court’s order is just, proper and legal and there is no need to interfere with the said order. The disqualification is not limited to only MPs and MLAs," the court said.

The High Court observed that the petitioner’s public reputation and the widespread media coverage of their statements seriously harm the reputation of the complainant (Purnesh Modi) and the Modi community.

"The present conviction is a serious matter affecting a large segment of society and needs to be viewed by this court with the gravity and significance it commands. It is now a need of the hour to have purity in politics," the High Court remarked.

RAHUL GANDHI’S PLEA IN SUPREME COURT

Congress leader Rahul Gandhi had filed a plea in the Supreme Court on July 15, contesting the Gujarat High Court’s order to not suspend his conviction in a defamation case related to his alleged remark regarding the "Modi" surname.

In his plea, Gandhi has urged the top court to suspend his conviction in the defamation case.

The former Member of Parliament from Kerala’s Wayanad constituency highlighted that his case is "exceptional" due to the trivial nature of the offense, along with the "irreparable harm" caused by his disqualification as a lawmaker.

The Supreme Court, on July 15, had requested responses from the petitioner Purnesh Modi and the Gujarat government regarding the appeal made by Congress leader Rahul Gandhi.

Gandhi expressed concerns that the High Court’s judgment on July 7, if not stayed, could result in the suppression of "free speech and expression."

On March 23, a Surat court convicted Rahul Gandhi in the defamation case over his remark on the ’Modi’ surname and sentenced him to two years in jail. A day later, he was disqualified as a Lok Sabha MP. He represented the Wayanad Lok Sabha seat in Kerala.

Courtesy: India Today