The Supreme Court on Friday granted a stay on Rahul Gandhi’s conviction in a criminal defamation case from 2019 related to his “Modi surname” remark. The case was filed by Purnesh Modi, a former minister in the Gujarat government, after Gandhi made the remark during an election rally in Karnataka. Gandhi’s comment questioned the prevalence of the surname “Modi” among thieves.
Representing Gandhi, senior advocate Abhishek Manu Singhvi argued that the case was strange since none of the individuals mentioned in Gandhi’s speech had sued him. Singhvi also pointed out that those who filed suits against Gandhi were all BJP office-holders.
Senior advocate Mahesh Jethmalani, representing Purnesh Modi, emphasized that the petitioner had a strong point, and the court should not negate the sentence without reassessing the evidence.
Justice BR Gavai considered the impact of Gandhi’s conviction on the electorate, as it affected his status as a Member of Parliament from the Wayanad constituency. The judge questioned the trial judge’s decision to impose the maximum sentence without explaining the need for it.
In response to the top court, Rahul Gandhi refused to apologize for his remark and asserted that he was not guilty. He deemed the use of the criminal process to force an apology as a gross abuse of the judicial system.
Since the Supreme Court has stayed his conviction, Rahul Gandhi’s status as a Member of Parliament can be restored by the Speaker of the Lok Sabha.
