Supreme Court stays Rahul Gandhi's conviction in 'Modi surname' case

New Delhi: The Supreme Court on Friday stayed the conviction of Congress leader Rahul Gandhi in a 2019 defamation case over his Modi surname remark, restoring his status as an MP.

A three-judge bench of Justices B R Gavai, P S Narasimha and Sanjay Kumar said, "In so far as conviction of sentence is concerned, we have considered certain factors - the contents of an offence punishable u/S 498 & 499 IPC is max 2 yrs or fine or both. Trial judge has awarded maximum sentence of 2 yrs. Except the admonition by Supreme Court, no other reason has been granted for this by trial judge.

"It is to be noted only on account of this maximum sentence, provisions of RP Act have come into play. Had sentence been a day lesser, provisions would not have been attracted.

"Particularly when offence is non-cognisable, bailable, compoundable, trial judge is expected to give reasons for imposing maximum sentence.

"Though appellate and high court have spent voluminous pages rejecting stay on conviction, these aspects are not considered in their orders.

"No doubt that utterances not in good taste, person in public life expected to exercise caution while making public speeches. As observed by this court while accepting his affidavit in contempt petition, he ought to have been more careful.

"Maybe if these observations came before petitioner made these utterances, he would have been more careful before making such remarks which are alleged to be defamatory.

"Ramifications are wide. Not only petitioners' right to continue in public life affected, but also that of electorate's who have elected him.

"Taking into consideration these and that no reason has been given by trial judge for imposing max sentence, order of conviction needs to be stayed pending final adjudication."

The top court was hearing a plea by Gandhi challenging the Gujarat High Court verdict which dismissed his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark.

Former Gujarat minister Purnesh Modi had filed a criminal defamation case in 2019 against Gandhi over his "How come all thieves have Modi as the common surname?" remark made during an election rally in Kolar in Karnataka on April 13, 2019.