Supreme Court Puts Stay On Rahul Gandhi’s Conviction In ‘Modi surname’ Defamation Case

Rahul Gandhi, the leader of the Congress, was relieved when the Supreme Court issued an interim judgement on Friday staying his conviction in the criminal defamation case involving the statement about the “Modi surname”.

The Supreme Court started hearing an appeal filed by a Congress politician appealing a Gujarat High Court decision that refused to stay his conviction in a criminal defamation case earlier in the day.

The supreme court instructed senior attorney Abhishek Manu Singhvi, who represented Rahul Gandhi, that he must present an extraordinary case for a stay of execution.

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Singhvi asserted that the complainant, Purnesh Modi, did not initially have the last name “Modi,” and that he adopted it.

“Not one of the people Gandhi addressed in his speech has brought a legal action. This is a small community with 13 crore people, neither consistent nor homogeneous. According to Singhvi, the members of this community who are suing are the only ones who currently hold a BJP office.

In reference to the prior decision made by the lower court in the case, Singhvi said that the judge views this as a serious criminal including moral turpitude.

“This is a non-cognizable offence that is bailable and compoundable. No crimes against society, such as kidnapping, rape, or murder, were committed. He questioned, “How can this be a crime including moral turpitude?

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“In a democratic society, there is dissent and debate. what we refer to as “shaleen bhasha.” Gandhi is not a seasoned felon. BJP members have brought numerous cases, yet no one has ever been found guilty. Gandhi has now skipped two Parliamentary sessions, he continued.

On an appeal from the Congress leader disputing the Gujarat High Court judgement, the top court sent notifications to the Gujarat government and the complainant in July.

Rahul Gandhi was convicted to two years in prison by the Surat court in the criminal defamation case in which he made the statement about the “Modi surname” and the Gujarat High Court had declined in its ruling to stay his conviction.

Gandhi lost his seat as a member of parliament for Kerala’s Wayanad on March 24 following his conviction in the case.

Prior to the 2019 midterm elections, Rahul Gandhi was found guilty by a magisterial court for comments he made about the surname “Modi.”