The Supreme Court has set a hearing date of July 21 for Congress leader Rahul Gandhi appeal seeking a stay on his conviction in a defamation case related to his “Modi surname” remark. The Gujarat High Court had previously dismissed the plea for a stay. The case will be heard by a bench comprising Justices B R Gavai and P K Mishra. Rahul Gandhi’s legal team sought an urgent hearing and brought the matter to the attention of Chief Justice of India (CJI) D Y Chandrachud’s bench on July 18, prompting the court to agree to hear the plea.
In his appeal, Rahul Gandhi expresses concerns that if the Gujarat High Court’s judgment, given on July 7, is not stayed, it could set a precedent curbing free speech, expression, thought, and statements. The criminal defamation case was filed against Rahul Gandhi in 2019 by Purnesh Modi, a former minister in the Gujarat government.
The case stems from Gandhi’s statement during an election rally in Kolar, Karnataka, on April 13, 2019, where he referred to businessmen Nirav Modi and Lalit Modi, both fugitive prominent businessmen wanted in India, while making his “how all thieves have Modi as the common surname” remark.
Rahul Gandhi argues in his plea that he will suffer irreparable injury if the HC order is not stayed, as the conviction resulted in his disqualification as a Member of Parliament from Wayanad in Kerala, prohibiting his participation in parliamentary proceedings. Seeking 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, he aims to reverse the consequences of the conviction.
The Congress leader was disqualified as an MP on March 24 following a Gujarat court’s conviction and sentencing of him to two-year imprisonment on the charge of criminal defamation for his comments about the Modi surname. The high court dismissed his petition for a stay on conviction on July 7, emphasizing the need for “purity in politics.”
Gandhi’s appeal for a stay on conviction, if granted, could pave the way for his reinstatement as a Lok Sabha MP. However, he has so far been unsuccessful in obtaining relief from either the sessions court or the Gujarat High Court. The metropolitan magistrate’s court in Surat had sentenced him to two years in jail on March 23 under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation), leading to his disqualification as an MP. Gandhi had challenged the order in a sessions court in Surat and sought a stay on his conviction, but the plea was not granted. He then approached the high court with the same request.
