SRINAGAR: The Supreme Court on August 4, 2023 granted a stay on the conviction of Congress leader Rahul Gandhi in a criminal defamation case related to his alleged ‘Modi’ surname remark made during a political rally in 2019.
A three-judge Bench, led by Justice B.R Gavai and comprising Justices P.S Narasimha and Sanjay Kumar, observed that the trial judge had not provided any justification for imposing the maximum sentence of two years, stating that not even a single day less should be given. This led to concerns about Gandhi’s potential disqualification from Parliament.
While acknowledging that Gandhi’s alleged remarks, if indeed made, were not in good taste, the court emphasised that individuals in public life should exercise a higher level of caution and care in their statements.
In defense of Rahul Gandhi, Senior advocate Abhishek Manu Singhvi argued that defamation is a non-cognisable, bailable, and compoundable offense.
He pointed out that he had not come across any other case where the maximum two-year sentence had been awarded. In democracy, there is room for dissent. No serious offence like rape, kidnap or murder, which involves moral turpitude, has been committed. Mr. Gandhi has already missed two Parliament sessions,” Sanghvi said.
यह नफरत के खिलाफ मोहब्बत की जीत है।
सत्यमेव जयते – जय हिंद 🇮🇳 pic.twitter.com/wSTVU8Bymn
— Congress (@INCIndia) August 4, 2023
Congress hailed the Supreme Court verdict in the Rahul Gandhi defamation case and said that it is a “victory of love against hate”.
Pertinent to mention, Purnesh Modi had filed a criminal defamation case in 2019 against Rahul Gandhi over his “How come all thieves have Modi as the common surname?” remark made during an election rally in Kolar in Karnataka on April 13, 2019.
