While paving the way for Congress leader’s return as a member of parliament, the top court notes that his remark was not in good taste
Congress chief Mallikarjun Kharge with party leader Rahul Gandhi, at AICC HQ, in Delhi, on Friday. Pic/PTI
In a big relief to Congress leader Rahul Gandhi, the Supreme Court on Friday stayed his conviction and the two-year jail term awarded to him in a 2019 defamation case over his Modi surname remark. The Lok Sabha speaker can now revive his membership on his own, or Gandhi can seek restoration of his status as a member of parliament (MP) from Wayanad.
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“Truth always triumphs, if not today then tomorrow or the day after. I thank people for their support,” Gandhi said at a press conference. He said, “My path is clear to me (as to) what is my work, there is clarity in my mind about that. I thank the people who helped us and the people for their love and support that they extended.”
What the SC said
A three-judge bench of Justices B R Gavai, P S Narasimha and Sanjay Kumar noted that no doubt Rahul’s “utterances were not in good taste and a person in public life is expected to exercise caution while making public speeches”. However, the judge of the trial court in Surat, Gujarat, gave no reason while convicting him, the bench said.
“Except the admonition by the Supreme Court in a contempt case, no other reason has been granted for this (conviction) by the trial judge. It is to be noted only on account of this maximum sentence imposed by the trial judge, provisions of Representation of People Act have come into play.
“Had the sentence been even a day lesser, the provisions [for disqualification] would not have applied. Learned trial judge was at least expected to give reasons for imposing maximum sentence for not cognizable offence,” the bench said. The SC said Gandhi’s conviction and subsequent disqualification not only affected his right to continue in public life, but also that of the electorate.
The case
Former Gujarat minister Purnesh Modi had filed a criminal defamation suit against Gandhi for his remark at a rally in Kolar, Karnataka. “Why do all the thieves, be it Nirav Modi, Lalit Modi or Narendra Modi, have Modi as the common surname?” he had said.
March 23
Day Surat court found Rahul Gandhi guilty
March 24
Day Rahul Gandhi was disqualified as MP
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