Big relief for Rahul as SC stays his conviction in defamation case over Modi surname remark

ETv, 4 August 2023, New Delhi: In a big relief to Congress leader Rahul Gandhi, the Supreme Court Friday stayed his conviction in the defamation case. Congress leader Rahul Gandhi had told the Supreme Court that he would not tender any apology for his remarks as to why all thieves had Modi surname, and urged that his conviction should be stayed pending appeal, which would enable him to participate in the ongoing sittings of the Lok Sabha.

A bench comprising justices B R Gavai, P S Narasimha and Sanjay Kumar said the trial court judge should have given some reason to impose a maximum sentence of two years on Gandhi in the case. The bench observed that the trial court and high court spent volumes of pages in writing the judgment but gave no reason why they are imposing a maximum sentence.

The bench said a person in public life expected to apply a degree of caution while making public speeches. Citing the apex court judgment in Rafale matter where Gandhi apologized for his remarks against the Prime Minister, the bench had the judgment of the apex court come earlier, the petitioner would have been more careful and expressed a degree of restraint over the alleged defamatory remarks.

The bench said, “We are of the considered view that the ramifications of the ruling are wide, and affect the rights of his constituency's electorate. 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 pendency of proceedings”.

The bench said that the pendency of appeal would not come in the way of appellate court in deciding appeal in accordance with law and the trial proceedings to be conducted expeditiously.Gandhi moved the apex court challenging the July 7, Gujarat High Court judgment refusing to put on hold his conviction in the criminal defamation case.Gandhi responded to complainant BJP MLA Purnesh Modi's contention that Modis are an identifiable class of people entitling him to maintain a complaint under Explanation 2 of Section 499 of IPC in as much as he is a part of that class. 

Gandhi, in his response, said, "Complainant himself has given inconsistent versions in his statements creating reasonable doubts that if at all people with Modi surname can be identified as a separate, identifiable and a finite class”.Gandhi said the complainant has also admitted that Modi surname falls under various other castes and there is also admission that Nirav Modi, Lalit Modi, and Mehul Choksi all do not fall within the same caste.

“Using the criminal /process and the consequences under Representation of Peoples Act to arm twist the Petitioner into apologising for no fault, is gross abuse of the judicial process and ought not to be countenanced by this court. The Petitioner maintains and has always maintained that he is not guilty of offence and that the conviction is unsustainable and if he had to apologise and compound the offence, he would have done it much earlier”, said Gandhi, in a rejoinder.