Modi surname case: The Supreme Court on Saturday (July 21) issued notice to Gujarat Government and others on the plea of Congress leader Rahul Gandhi challenging the Gujarat High Court order which declined to stay his conviction in the criminal defamation case in which he was sentenced to two years in jail by Surat court over 'Modi surname' remark.
A bench of justices B R Gavai and P K Mishra posted the matter for hearing on August 4.
"The limited question at this stage is whether the conviction deserves to be stayed," the bench observed. Senior advocate Abhishek Singhvi, appearing for Gandhi, said the Congress leader has suffered for 111 days, lost one Parliament session and is about to lose another session.
The Gujarat High Court on July 7 dismissed his plea seeking a stay on his conviction and a two-year jail term in the defamation case. A bench headed by CJI D Y Chandrachud had on July 18 agreed to hear Gandhi's plea. Senior Advocate Abhishek Manu Singhvi mentioned the matter and sought an early hearing in the case.
'If judgment not stayed, it would lead to throttling of free speech...'
The Congress leader in his appeal has said that if the judgment has not stayed, it would “lead to throttling of free speech, free expression, free thought, and the free 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.
Gandhi, as an interim relief, has sought an ad-interim ex-parte stay of the July 7 order of the Gujarat High Court during the pendency of this appeal in the top court.
In 2019, BJP leader Purnesh Modi filed a criminal defamation case against Rahul Gandhi over his remark “How come all thieves have Modi as the common surname?” during an election rally at Kolar in Karnataka on April 13, 2019. Notably, he was apparently referring to businessmen Nirav Modi and Lalit Modi, two fugitive prominent businessmen wanted in India. The case was filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi under sections 499 and 500 (defamation) of the Indian Penal Code.
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 disqualified as MP
It is pertinent to mention 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. Following the verdict, Gandhi on March 24 was disqualified as an MP under the provisions of the Representation of the People Act.
(WIth agencies input)
