Hours after Supreme Court on Friday stayed Rahul Gandhi's conviction in a 2019 defamation case over his Modi surname remark, the Congress leader gave his first reaction, saying his duty will remain the same to protect the idea of India. "Come what may, my duty remains the same. Protect the idea of India," he wrote on Twitter.
'Truth always wins'
Speaking at a press conference after the verdict, Gandhi said that truth always wins. "If not today then tomorrow the truth wins for sure. Thanks to the public and those who helped and to the public," he added.
What the top court said in its verdict?
A three-judge bench of Justices BR Gavai, PS Narasimha and Sanjay Kumar said no reason was given by the trial court judge while convicting Gandhi except that he was admonished by the apex court in a contempt case.
The top court said in so far as conviction is concerned, it has considered that the sentence for an offence punishable under section 499 (defamation) of the Indian Penal Code is a maximum of two years imprisonment or a fine or both, and the trial judge has awarded the maximum sentence of two years.
"Except the admonition by 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 the Representation of People Act have come into play.
"Had the sentence been a day lesser, provisions would not have been attracted, particularly when an offence is non-cognisable, bailable and compoundable. The least the trial court judge was expected to give some reasons to impose a maximum sentence. Though appellate court and the high court have spent voluminous pages rejecting stay on conviction, these aspects are not considered in their orders," 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 the defamation case filed by Purnesh Modi over his "Modi surname" remark.
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Rahul Gandhi had filed rejoinder in SC
Earlier in August 2, Gandhi had filed a rejoinder affidavit in the Supreme Court and refused to apologise in connection with the defamation case. In his 63-page affidavit, Gandhi stated that the case does not fall under an "exceptional category" which entitles him to a relief or stay of conviction.
Asserting that he is not guilty, the former Wayanad MP claimed that the conviction is unsustainable and that if he had to apologise and compound the offence, he would have done it much earlier
Rahul Gandhi was sentenced to 2 years in jail
It should be mentioned here that a court in Gujarat's Surat had 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 agencies)
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