Politics
SC Stays Conviction Of Rahul Gandhi In Criminal Defamation Case Over 'Modi Surname' Remark
Rahul Gandhi (File Photo)
The conviction and two-year jail term imposed on Congress leader Rahul Gandhi by a Gujarat court in a criminal defamation case for his remark "All thieves have Modi surname" has been stayed by the Supreme Court on Friday.
The bench of Justices BR Gavai, PS Narasimha, and PV Sanjay Kumar noted that the trial court did not provide specific reasons for imposing the maximum punishment of two years' imprisonment prescribed under the Indian Penal Code for the offence of defamation.
"Considering the aforesaid and particularly that no reasons have been given by the trial judge for maximum sentence which has incurred disqualification, order of conviction needs to be stayed during pendency of proceedings," the Court said, reports Bar and Bench.
The Court clarified that the pendency of the appeal would not hinder the appellate court from deciding the appeal in accordance with the law.
Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case.
The conviction in the case led to his disqualification as a Member of Parliament.
The criminal defamation case was filed over a remark made by Gandhi during the 2019 Lok Sabha campaign.
Referring to persons like Lalit Modi, Nirav Modi, Gandhi had asked "why all thieves have the same surname?".
On 23 March, 2023, a Surat court convicted and sentenced Gandhi to two years imprisonment, following which he was disqualified as a member of Lok Sabha.
However, his sentence was suspended, and he was also granted bail on the same day to enable him to move an appeal against his conviction within 30 days.
On 20 April, a sessions court in Surat dismissed Gandhi's plea to suspend his conviction by the magistrate court.
Later, dismissing Gandhi's revision plea, the Gujarat High Court observed that the case against Gandhi concerns a large identifiable class (Modi Community) and not just an individual, reports Livelaw.
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