The Supreme Court on Friday stayed the conviction of Congress leader Rahul Gandhi in the criminal defamation case over his “why all thieves have Modi surname” remark.
The apex court’s decision came after hearing arguments from senior advocate Abhishek Manu Singhvi, who appeared for Gandhi. Singhvi argued that the complainant in the case, Purnesh Modi, had adopted the surname later and that no one from the Modi community had sued Gandhi over his remarks.
He also argued that the lower court had treated the case as a serious offence involving moral turpitude, but that the offence was non-cognisable, bailable, and compoundable.
The Supreme Court issued notices to the Gujarat government and the complainant in July on an appeal of Gandhi challenging the Gujarat High Court order, which had declined to stay his conviction.
The Gujarat HC had in its order declined to stay his conviction in the criminal defamation case in which Gandhi was sentenced to two years in jail by the Surat court over the ‘Modi surname’ remark.
After his conviction in the case, Gandhi was disqualified as MP from Kerala’s Wayanad on March 24.
The stay of Gandhi’s conviction is a major relief for the Congress leader, who had been facing the prospect of jail time. It is also a setback for the complainant in the case, who had been seeking to punish Gandhi for his remarks.
The Supreme Court’s decision will now be closely watched by both the Congress and the BJP, as it will have implications for the upcoming assembly elections in Gujarat.
