Breaking: Supreme Court Refuses To Suspend Rahul Gandhi's Conviction In Defamation Case, Issues Notice On His SLP
The Supreme Court today issued a notice in the Special Leave Petition filed by Congress leader Rahul Gandhi challenging the order of the Gujarat High Court which had dismissed his plea challenging the order of the Surat Sessions Court declining a stay to his conviction in the criminal defamation case over his "Modi surname" remark.
The Bench of Justice B.R. Gavai and Justice Prashant Kumar Mishra issued notice and noted in the order that Senior Advocate Mahesh Jethmalani accepts notice for the complainant. Liberty to serve the standing counsel for the state of Gujarat. Juthmalani seeks 10 days time to file written submissions, the Bench said in the order. The matter has been kept on August 4.
Justice Gavai mentioned at the outset that his father was a leader of the Congress party and that his brother is currently a leader of the Congress party.
"I have a political background and I have been a judge for 20 years", he said. Both Mahesh Jethmalani and Senior Advocate Abhishek Manu Singhvi said that they have absolutely no objection to the Judge hearing the matter.
Mahesh Jethmalani then submitted that the complainant wants to put in either a short reply or written submission in the matter since some new documents have been produced by Gandhi.
Senior Advocate Abhishek Manu Singhvi appearing for Rahul Gandhi submitted the petitioner has suffered 111 days of disqualification and that he has lost one parliament session and that election at Wynad constituency may be notified soon. He also submitted that the complainant cannot be concerned with the disqualification. He submitted that either the conviction be suspended or that a short date be given for hearing the case.
"At this stage without hearing them..." Justice Gavai said and the matter was adjourned after issuing notice.
The Court had on July 18 agreed to post the matter for consideration after Senior Advocate Abhishek Manu Singhvi mentioned the matter seeking an urgent hearing.
The Gujarat High Court while dismissing the plea had said that stay of conviction is not a rule but an exception to be resorted to in rare cases. The Court noted that as many as 10 criminal cases are pending against Rahul Gandhi. The Court said that the need of the hour is to have purity of politics.
The Judge noted that other complaints have been filed against the present accused after the present complaint. The High Court had further referred to the complaint against Gandhi for his remarks against Veer Savarkar, filed by the relatives of Veer Savarkar. Refusal of conviction will not result in injustice to the applicant, the Court said. The impugned order is just, proper and legal and does not call for interference. The criminal appeal is to be decided as expeditiously by the Appellate Court, the Court directed.
The Sessions Court of Surat had on April 20, 2023, dismissed the plea filed by Congress party leader Rahul Gandhi seeking a stay on his conviction by a Magistrate in a criminal defamation case. The Additional Sessions Judge had observed, “It is not disputed fact that the Appellant was the Member of Parliament and President of the second largest political party and looking to such stature of Appellant he should have been more careful with his words, which would have large impact on the mind of people."
It was also noted that "Any defamatory words coming from the mouth of Appellant are sufficient enough to cause mental agony to aggrieved person. In this case, by uttering defamatory words viz. comparing persons having surname 'Modi' with thieves would definitely have caused mental agony and harm the reputation of the complainant, who is socially active and dealing in public.”
Cause Title: Rahul Gandhi vs. Purnesh Ishwarbhai Modi & Anr. [D.No.27941/23]
