Modi surname defamation case: In a latest update to the "Modi surname" defamation case, the Supreme Court on Tuesday agreed to hear Congress leader Rahul Gandhi's appeal on July 21. The top court will be hearing Gandhi's appeal challenging the Gujarat High Court's July 7 verdict which dismissed his plea seeking a stay on his conviction in the defamation case.
After senior advocate Abhishek Singhvi, appearing for Gandhi, sought listing of the appeal on July 21 or July 24, a bench of Chief Justice DY Chandrachud and Justices PS Narasimha and Manoj Mishra agreed to hear the plea. The bench said it would hear it on July 21.
In his appeal filed on July 15, Gandhi said that if the judgment is not stayed, it would lead to the throttling of free speech, expression, thought, and statement. He contended that if the high court verdict is not stayed it would contribute to the systematic, repetitive emasculation of democratic institutions and the consequent strangulation of democracy which would be gravely detrimental to the political climate and future of India.
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Gujarat HC upheld sessions court order
Earlier on July 7, the Gujarat High Court upheld the sessions court order denying a stay to Rahul Gandhi's conviction in the defamation case. While dismissing the plea, Justice Hemant Prachchhak noted that Gandhi is already facing 10 cases across India, adding the order of the lower court was 'just, proper and legal' in convicting the Congress leader.
In May, Justice Prachchhak, while hearing Gandhi's plea, had refused to grant any interim relief saying it will pass a final order after the summer vacation, which ended three weeks back.
During a hearing on April 29, Gandhi's lawyer had argued that a maximum punishment of two years for a bailable, non-cognisable offence meant his client could lose his Lok Sabha seat "permanently and irreversibly", which was a "very serious additional irreversible consequence to the person and the constituency he represents".
Rahul Gandhi sentenced to 2 years in jail
It should be mentioned here that a court in Gujarat's Surat sentenced Congress leader Gandhi to two years in jail in a 2019 criminal defamation case filed against him over his "Modi surname" remarks. He stated this while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.
Notably, the complaint against his remarks was lodged by BJP MLA and former Gujarat minister Purnesh Modi. A case was filed against Gandhi for his alleged “how come all the thieves have Modi as the common surname?” The case was filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi under sections 499 and 500 (defamation) of the Indian Penal Code.
(With inputs from PTI)
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