In a big relief to Rahul Gandhi, the Supreme Court stayed the Congress leader's conviction in the "Modi surname" defamation case on Friday. Issuing an interim order, the Supreme Court said, "There is no doubt that utterances are not in good taste. A person in public life is expected to exercise caution while making public speeches".

The Supreme Court was hearing an appeal filed by Rahul Gandhi challenging Gujarat High Court's order which had declined to stay his conviction in the criminal defamation case over the 'Modi surname' remark.

The Supreme Court said it wants to know why the maximum sentence was given. "Had the judge given a sentence of one year and 11 months, then he (Rahul Gandhi) would not have been disqualified," the Supreme Court observed.

What does it mean for Rahul Gandhi?

The Supreme Court's interim order came as a big relief for Gandhi who was disqualified as a Member of Parliament post his conviction in the defamation case. With a stay on his conviction, Rahul Gandhi's disqualification as MP also gets put on hold. He will now be able to fight upcoming assembly and Lok Sabha elections and participate in Parliament sessions.

Gandhi is now likely to move Lok Sabha Secretariat to revoke his disqualification as an MP, CNN-News18 reported. He was elected as an MP from Wayanad constituency in Kerala.

#Congress workers celebrate as SC stays the conviction of Rahul Gandhi in the criminal defamation case over 'Modi surname' remark

CNN-News18's @Zakka_Jacob explains how this SC order is going to affect the upcoming elections #RahulGandhi | @Elizasherine, @GrihaAtul pic.twitter.com/dcx9QJW5Qz— News18 (@CNNnews18) August 4, 2023

Arguments in SC today

During the hearing on Friday, Gandhi's lawyer and senior advocate Abhishek Manu Singhvi said: "Gandhi has already missed two sessions of the Parliament." He even alleged that complainant and BJP leader Purnesh Modi’s original surname is not 'Modi' and he adopted this surname later.

Meanwhile, senior advocate Mahesh Jethmalani, appearing for complainant Purnesh Modi, argued that Gandhi's entire speech spanned over 50 minutes and there is a plethora of evidence and clipping of the speech attached to the Election Commission of India’s record.

Jethmalani said Rahul Gandhi has defamed an entire class out of malice. He added, "The Supreme Court had earlier cautioned Rahul Gandhi when he said the Prime Minister was indicted by the top court in the Rafale case. There is no change in his conduct."

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.

Important takeaways from the Supreme Court order

> Statements by Rahul Gandhi are not in good taste. He should have exercised degree of caution while making speeches.

> Gandhi ought to have been more careful and should have exercised restraint.

> 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.

> No reason given by trial court judge for imposing maximum sentence, order of conviction needs to be stayed pending final adjudication

First Published:Aug 4, 2023 2:06 PM IST