SC stays sentence of two years awarded to Rahul Gandhi in defamation case

04 Aug 2023 Evaluate

The Supreme Court (SC) today stayed the Congress leader Rahul Gandhi’s conviction in a defamation case over his ‘Modi surname’ remark. After the stay, Rahul Gandhi’s Lok Sabha membership from Wayanad constituency in Kerala was restored.

A three-judge Bench led by Justice B.R. Gavai also comprised of Justices P.S. Narasimha and Sanjay Kumar said no doubt that the utterances were not in good taste and that a person in public life is expected to exercise caution while making public speeches. The apex court noted that the trial judge has awarded the maximum sentence of two years in the case and that it would have attracted disqualification if the sentence was a day lesser. The defamation case was filed by the BJP legislator Purnesh Modi. 

During the hearing, senior advocate Abhishek Singhvi, appearing for Rahul Gandhi, said complainant Purnesh Modi's original surname was not 'Modi' and he adopted this surname later. He said the case has been treated as a serious offence involving moral turpitude. Singhvi added that Gandhi was not a ‘hardened criminal’ and there were many cases filed by BJP workers, but there was never any conviction. Extending the support to Rahul Gandhi congress said ‘It is a victory of love against hate. Satyamev Jayate - Jai Hind’.


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