SC Issues Notice To Gujarat Govt On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark

The Supreme Court has issued notice on a plea by Congress leader Rahul Gandhi seeking stay on his conviction and two-year jail term imposed on him by a Gujarat Court in a criminal defamation case on his remark "All thieves have Modi surname".

A bench consisting of Justices BR Gavai and Prashant Kumar Mishra sought responses from respondents Purnesh Ishwarbhai Modi and the State of Gujarat.

The court has scheduled the next hearing in the case on 4 August.

"Issue notice. Waive notice on behalf of respondent number 1. Mr Jethmalani for respondent 1 seeks 10 days time to file written submissions," the Court said.

During the hearing, Justice Gavai offered to recuse himself from the case citing the association of his father and brother with the Congress party.

"My father was associated (with Congress). He was not a congress member but he was closely associated. Mr Singhvi you are with congress for more than 40 years and my brother is still in politics and he is in Congress. Please take a call if you want me to hear this," he said, reports Bar and Bench.

However, both parties involved did not raise any objections to Justice Gavai presiding over the matter.

The bench then proceeded to issue notice in the case.

Senior Advocate Abhishek Manu Singhvi, representing Gandhi, requested interim relief.

Singhvi argued that Gandhi has already suffered for 111 days, missing out on one parliament session and is likely to miss another.

"Elections to parliament constituency of wayanad would be shortly. Mr.Jethmalani would not be concerned by disqualification. An interim suspension of disqualification can be given," Singhvi was quoted as saying by Bar and Bench.

However, the Court declined to pass any order, stating that the respondents would also need to be heard.

During the hearing, the Court noted that the order of the Gujarat High Court seeking a stay was unusually long for a matter seeking stay.

"There are over 100 pages in order. So detailed. What is there to file replies.. This is peculiar we are seeing to Gujarat courts," the bench remarked.

The Supreme Court was hearing the appeal filed by the Congress leader and former Wayanad MP, who challenged the Gujarat High Court's decision to not grant a stay on his conviction and two-year jail term imposed by the Magistrate court in Gujarat.

On 7 July, Gujarat HC single-judge Justice Hemant Prachchhak denied relief to Gandhi, stating that staying a conviction is not a common practice and should only be exercised in rare cases.

After the Surat court’s 23 March verdict convicting him in the defamation case and giving him two-year imprisonment, Gandhi was disqualified as an MP under the Representation of the People Act.

A stay on conviction would pave the way for his reinstatement as an MP.