The Supreme Court has issued notice to the Gujarat government in connection to the appeal filed by Congress leader Rahul Gandhi, challenging the Gujarat High Court order that refused to put on hold his conviction and a two-year jail term in a criminal defamation case. The case will be heard on August 4.
The matter was earlier passed over due to the unavailability of Dr. Abhishek Manu Singhvi, who argued for Rahul Gandhi.
During the hearing, Justice Gavai offered to recuse from the case saying his father and brother have an association with the Congress party.
However, both parties said they don’t have any objection to Justice Gavai hearing the matter, ANI reported.
The case was brought before a bench consisting of Justices B R Gavai and P K Mishra. Senior advocate Abhishek Singhvi earlier requested an urgent hearing and presented the matter to a bench headed by Chief Justice of India (CJI) D Y Chandrachud on July 18. Subsequently, the court agreed to hear Gandhi's plea.
Purnesh Modi, a former minister in the Gujarat government, filed the criminal defamation case against Rahul Gandhi in 2019.
The lawsuit was triggered by Gandhi's comments during an election rally in Kolar, Karnataka, on April 13, 2019. During his speech, he made a reference to businessmen Nirav Modi and Lalit Modi, both of whom are prominent fugitives wanted in India. It was during this moment that he made his statement about how the surname "Modi" seemed to be common among thieves.
In his appeal, Rahul Gandhi earlier expressed concerns that, if the Gujarat High Court's judgment given on July 7, was not stayed, it could lead to a curb on free speech, expression, thought and statements.
(With ANI inputs)
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