The Supreme Court on Friday issued notice to complainant Purnesh Modi and the Gujarat government on Congress leader Rahul Gandhi’s appeal to stay his conviction in a defamation case over his comment on the name Modi.

Justice Bhushan Ramakrishna Gavai, heading the bench, first obtained the consent of both sides to hear the matter in view of his family’s long association with the Congress. Justice Gavai is the son of social activist and founder of the Republican Party of India, R.S. Gavai, who had been elected to Parliament and the Maharashtra Assembly with the support of the Congress.

The apex court listed the matter for further hearing on August 4 and gave 10 days’ time to the complainant, BJP leader Purnesh Modi, and the state of Gujarat to file their replies.

The court refused to entertain Rahul’s plea for interim suspension of his disqualification as an MP, with Justice Gavai saying the court would have to hear the respondents before passing any order.

At the commencement of the proceedings on Friday, Justice Gavai told senior advocates Abhishek Manu Singhvi, representing Rahul, and Mahesh Jethmalani, appearing on caveat for Purnesh Modi, about his family’s political background.

“My father was associated with the Indian National Congress though he was not a Congress member. He was associated with the Congress for more than 40 years. He was a member of both Parliament and the state legislature with Congress support,” Justice Gavai said.

“Mr Singhvi, you are with the Congress for more than 40 years and my brother is still in politics and he is with the Congress. Please take a call if you want me to hear this,” Justice Gavai, sitting in a bench with Justice Prashant Kumar Mishra, said.

Justice Gavai recalled that in an earlier matter relating to a PIL filed by lawyers challenging the appointment of lawyer Victoria Gowri as a judge of Madras High Court, he had made his stand clear that despite having a political background a judge can always act impartially.

“In the Victoria Gowri matter also, I said I had a political background and been a judge for 20 years, but it has never affected my judgement,” Justice Gavai said.

Singhvi replied: “No problem, My Lord.”

Jethmalani also said he had no objection to Justice Gavai hearing the matter.

“Everyone should know. Tomorrow there shouldn’t be a problem. My father was good friends with your father (Abhishek Singhvi’s father L.M. Singhvi) as well as his father (Mahesh Jethmalani’s father Ram Jethmalani),” Justice Gavai said.

When Jethmalani and Singhvi said they had no objection to Justice Gavai continuing, the bench issued formal notices .

Justice Gavai expressed surprise at the “unusually long” judgment written by the single judge of Gujarat High Court dismissing Rahul’s appeal against the sessions court’s refusal to stay his conviction.

“There are over 100 pages in the order,” he said. “This is something peculiar we are seeing from Gujarat High Court.”