NEW DELHI
The Supreme Court in the case Rahul Gandhi v. Purnesh Ishwarbhai Modi & Anr has stayed the conviction of Congress leader and former Member of Parliament, Rahul Gandhi, in the criminal defamation case over the remark, “why all thieves have the Modi surname.” The court’s stay of the conviction also means that Rahul Gandhi’s disqualification as an MP now remains in abeyance. The court has stated that the maximum sentence for an offence under Section 499 of the Indian Penal Code is two years or a fine or both. The learned trial judge, in the order passed by him, awarded the maximum sentence of two years. Except for an admonition to the petitioner by the Supreme Court in a contempt proceeding, the learned trial judge provided no other reason for imposing the maximum sentence of two years. The court also noted that it was only because of the maximum sentence of two years that the provisions under Section 8(3) of the Representation of Peoples Act came into play. Had the sentence been one day less, the provisions would not have been attracted. The court further stated that, particularly when the offences were non-compoundable, bailable, and cognizable, the least that was expected from the learned trial judge was to give reasons for imposing the maximum punishment. The bench, comprising Justices BR Gavai, PS Narasimha, and Sanjay Kumar, observed that Rahul Gandhi’s utterances were not in good taste and stated that a person in public life should be more careful when making public speeches. The bench was hearing the plea moved by Rahul Gandhi, challenging the Gujarat High Court’s refusal to stay his conviction in a criminal defamation case over the ‘Modi thieves’ remark, which resulted in his disqualification from the Lok Sabha. The Apex Court has issued notice in the plea moved by the Congress leader on July 21, 2023.