Supreme Court Issues Notice on Rahul Gandhi's Defamation Conviction Appeal

NEW DELHI: The Supreme Court has taken up the plea filed by Congress leader Rahul Gandhi, seeking a stay on his conviction and two-year jail term in a criminal defamation case. The case pertains to Gandhi's remark during an election rally in Karnataka's Kolar constituency in 2019, where he linked Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi, stating that "all thieves have Modi surname."

The bench of Justices BR Gavai and Prashant Kumar Mishra issued notice to respondents Purnesh Ishwarbhai Modi and the State of Gujarat, posting the case for further consideration on August 4. During the hearing, Justice Gavai offered to recuse himself from the case due to his family's association with the Congress party. However, both parties did not raise any objections to him hearing the matter, and the bench proceeded with the notice.

Senior Advocate Abhishek Manu Singhvi, representing Rahul Gandhi, pressed for interim relief, highlighting the petitioner's 111-day suffering and the potential loss of another parliamentary session and upcoming elections in Wayanad. The Court, while acknowledging the lengthiness of the Gujarat High Court's order denying the stay, refused to pass any immediate orders, stating that the respondents also need to be heard.

"The petitioner has suffered for 111 days. He has lost one parliament session and losing another. Elections to the parliament constituency of Wayanad would be shortly. Mr. Jethmalani would not be concerned by disqualification. An interim suspension of disqualification can be given," Singhvi said.

The appeal was filed after the Gujarat High Court's single-judge, Justice Hemant Prachchhak, refused to stay the conviction, stating that such relief should be granted only in rare cases. The Magistrate court in Surat had convicted Rahul Gandhi on March 23, 2023, for intentional insult to persons with the Modi surname. He was then disqualified as a parliamentarian. A subsequent plea seeking suspension of conviction was dismissed by a sessions court in Surat and the High Court.

Rahul Gandhi's plea before the apex court contended that the High Court's order had no precedence in India's defamation law, mischaracterizing his one-line statement as "very serious." He argued that an undefined group of 13 crore people was held defamed, raising concerns about the judgment's approach.

The Supreme Court's issuance of notice provides an opportunity for Rahul Gandhi to challenge his defamation conviction. The case has drawn attention due to its political implications and the interpretation of free speech within the bounds of defamation laws.

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