Modi surname case: SC stays conviction of Rahul Gandhi in defamation case

Modi Surname Case: Supreme Court in an interim order stays the conviction of Congress leader Rahul Gandhi in the criminal defamation case over 'Modi surname' remark. 

Supreme Court while granting relief to Congress leader Rahul Gandhi says ramifications of the trial court’s order are wide. Not only was Gandhi’s right to continue in public life affected but also that of the electorate who elected him, says Supreme Court.

There is no doubt that utterances are not in good taste, person in public life is expected to exercise caution while making public speeches, says Supreme Court. As observed by this court while accepting his affidavit in the contempt petition, he (Rahul Gandhi) ought to have been more careful.

The apex court told Senior advocate Abhishek Manu Singhvi, who appeared for Rahul Gandhi, that he will have to make out an exceptional case for a stay on conviction.

Singhvi said in his arguments that complainant Purnesh Modi’s original surname is not 'Modi' and he adopted this surname later.

“Not a single of the persons Gandhi had named during his speech has sued. This is a small community of 13 crore people and there is no uniformity, or homogeneity. Who is aggrieved in this community are only people who are BJP office-holders and suing, Singhvi said.

Referring to the earlier verdict in the case by lower court, Singhvi said the judge treats this as a serious offence involving a moral turpitude.

“This is non-cognisable, bailable, and compoundable offence. The offence was not against society, not kidnapping, rape, or murder. How can this become an offence involving moral turpitude?” he argued.

 “In democracy we have dissent, in democracy we have disagreement. What we call ‘shaleen bhasha’. Gandhi is not a hardened criminal. There are many cases filed by BJP workers, but there was never any conviction. Gandhi has already missed two sessions of the Parliament,” he added.

The apex court issued notices to the Gujarat government and the complainant in July on an appeal of the Congress leader challenging the Gujarat High Court order.

 The Gujarat HC had in its order declined to stay his conviction in the criminal defamation case in which Rahul Gandhi was sentenced to two years in jail by the Surat court over the 'Modi surname' remark.

In March, the magisterial court convicted Rahul Gandhi for his ‘Modi’ surname remarks ahead of the 2019 national polls.