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regular-article-logo Saturday, 12 October 2024

Rahul Gandhi's defamation conviction put on hold by Supreme Court in 'Modi' surname case

No reason has been given by the trial judge for imposing maximum sentence, points out three-judge apex court bench, but notes that the Congress leader's utterances were not in good taste

Our Web Desk Published 04.08.23, 01:41 PM
In this Monday, April 3, 2023 file photo, Congress leader Rahul Gandhi with his sister and party's General Secretary Priyanka Gandhi waves at supporters as he leaves Surat District Court by bus after filing an appeal challenging his conviction in a defamation case, in Surat. The Supreme Court on Friday, Aug. 4, 2023 stayed the conviction of Rahul Gandhi in the 2019 criminal defamation case over his 'Modi surname' remark.

In this Monday, April 3, 2023 file photo, Congress leader Rahul Gandhi with his sister and party's General Secretary Priyanka Gandhi waves at supporters as he leaves Surat District Court by bus after filing an appeal challenging his conviction in a defamation case, in Surat. The Supreme Court on Friday, Aug. 4, 2023 stayed the conviction of Rahul Gandhi in the 2019 criminal defamation case over his 'Modi surname' remark. PTI FILE PHOTO

The Supreme Court on Friday stayed the conviction of Congress leader Rahul Gandhi in a 2019 defamation case over his Modi surname remark, restoring his status as an MP.

The stay is pending the apex court's final adjudication of his appeal against the verdict of the Gujarat High Court upholding the Congress leader’s conviction in the defamation case.

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A three-judge bench of Justices B R Gavai, P S Narasimha and Sanjay Kumar, however, said (there was) no doubt that the utterances were not in good taste and that a person in public life is expected to exercise caution while making public speeches.

"No reason has been given by the trial judge for imposing maximum sentence, the order of conviction needs to be stayed pending final adjudication," the bench said.

The top court was hearing a plea by Gandhi challenging the Gujarat High Court verdict which dismissed his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark.

Former Gujarat minister Purnesh Modi had filed a criminal defamation case in 2019 against Gandhi over his "How come all thieves have Modi as the common surname?" remark made during an election rally in Kolar in Karnataka on April 13, 2019.

Friday' stay came after Gandhi argued in the Supreme Court that the original surname of Purnesh Modi, the complainant in the defamation case against him, is not Modi and that he (Purnesh) belongs to Modh Vanika Samaj.

“First of all, Purnesh Modi’s (complainant) original surname is not Modi…He changed his surname… Not a single of the persons Gandhi had named during his speech have sued. Interestingly, everybody who is aggrieved in this very ‘small’ community of 13 crores, only people suing are BJP office-holders,” Gandhi’s counsel, senior advocate Abhishek Singhvi, told the SC, according to legal website Live Law.

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