Big win for RaGa: SC stays conviction in defamation case
What's the story
The Supreme Court on Friday stayed Congress leader Rahul Gandhi's conviction in the criminal defamation case over his "Modi surname" remark. The top court noted that the Surat trial court gave no reason while sentencing Gandhi to two years. The stay effectively revived his status as Lok Sabha MP, which was stripped away in March due to his conviction in the case.
Context
Why does this story matter?
The stay will allow Gandhi to contest in the 2024 Lok Sabha elections. Gandhi moved the SC after the Gujarat High Court upheld his conviction in the case. He was sentenced to two years in prison over his 2019 remark, "How come all the thieves have Modi surname?" The Congress accused the ruling Bharatiya Janata Party (BJP) of conspiring to remove Gandhi from Parliament.
Quote
Utterances were not in good taste: SC
A three-judge bench of Justices BR Gavai, PS Narasimha, and Sanjay Kumar presided over the hearing. Although they stayed his conviction, they stated that the "utterances were not in good taste" and that a public official is expected to "exercise caution while making public speeches."
Remarks
Lots of preaching: SC on Gujarat HC order
During the hearing, the SC said that the Gujarat HC order was a "very interesting read" and had a "lot of preaching." Notably, the Gujarat HC, while dismissing Gandhi's petition in July, said that "purity in politics" was the need of the hour. Earlier, the SC observed that the Gujarat HC's order on Gandhi's plea seeking a stay on his conviction was unusually long.
Argument
Not rape or murder: Gandhi's counsel
Representing Gandhi, Senior advocate Abhishek Manu Singhvi argued, "The judge treats this as a serious offense involving moral turpitude. The offense was not against society, not kidnapping, rape, or murder. How can this become an offense involving moral turpitude?" Citing the space for dissent in a democracy, he added, "Gandhi is not a hardened criminal. Gandhi has already missed two sessions of the Parliament."
Details
Gandhi defamed 'entire Modi community': BJP
Gandhi made the remark ahead of the 2019 Lok Sabha elections. He allegedly aimed to take a swipe at Prime Minister Narendra Modi by mentioning economic fugitives Nirav Modi and Lalit Modi. However, Gujarat BJP MLA Purnesh Modi Bihar and BJP MP Sushil Modi filed separate complaints against Gandhi, accusing him of defaming the "entire Modi community," which Gandhi denied.