In a major relief for Rahul Gandhi, the Supreme Court has stayed his conviction in the 2019 criminal defamation case over his “Modi surname” remark. This decision has restored his status as a member of Parliament. The defamation case was filed by Purnesh Modi, a former Gujarat government minister, in response to Gandhi’s comment during an election rally in Karnataka.
Rahul Gandhi’s legal team argued that the case was peculiar since none of the individuals named in his speech had sued him, and only BJP office-holders took legal action. They questioned the uniformity and identifiability of the aggrieved parties.
Representing Purnesh Modi, the petitioner, senior advocate Mahesh Jethmalani, said that the stay was granted without reevaluating the evidence, which needed a strong point to negate the sentence.
During the hearing, Justice BR Gavai raised concerns about the representation of the Wayanad constituency due to Gandhi’s conviction, as it remained unrepresented. Gavai emphasized that the trial judge needed to explain the imposition of the maximum sentence.
Rahul Gandhi reiterated his refusal to apologize for the remark in his affidavit and maintained his innocence, calling the case an abuse of the judicial process.
With the Supreme Court’s decision, Rahul Gandhi can now continue as a member of Parliament, providing him with a significant reprieve in the ongoing legal battle.
This post was last modified on 4 August 2023 1:49 pm
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