The Supreme Court of India on Friday stayed the conviction of Congress leader Rahul Gandhi in the Modi surname defamation case. The Supreme Court has said that there was no reason given by the trial court judge in Gujarat for imposing maximum sentence, order of conviction needs to be stayed pending final adjudication.
While the order was celebrated by through the Congress leadership and members, also the Opposition INDIA bloc, this does not mean the acquittal of the Congress leader Rahul Gandhi from the Modi Surname defamation charges.
Here's taking a look for the path ahead for Rahul Gandhi
At a rally in Karnataka's Kolar in April 2019, Rahul Gandhi, in a dig at Prime Minister Narendra Modi, said, "How come all the thieves have Modi as the common surname?".
Following this the case was filed by Purnesh Modi, who is a member of Modi’s Bharatiya Janata Party in Gujarat state but is not related to the prime minister.
The Supreme Court on Friday noted that the “utterances are not in good taste, person in public life is expected to exercise caution while making public speeches”.
A Supreme Court bench comprising Justices BR Gavai, PS Narasimha, and Sanjay Kumar was hearing Rahul Gandhi's plea for stay on his conviction. The bench also observed that Rahul Gandhi ‘ought to have been more careful’.
The trial judge has awarded the maximum sentence of two years in the case, the top court observed in its judgement, adding that it would not have attracted disqualification if the sentence was a day lesser.
The Gujarat High Court had earlier refused to stay Rahul Gandhi's conviction in the criminal defamation case.
The Supreme Court bench has only stayed the conviction order passed by a trial court in Gujarat. The apex court has said that the ‘conviction needs to be stayed pending final adjudication.’
Rahul Gandhi will now be able to contest elections. Gandhi while maintaining that he was not guilty, on Wednesday requested the Supreme Court to stay his two-year conviction, enabling him to participate in the ongoing sittings of the Lok Sabha and sessions thereafter.
Therefore, right ahead of the crucial 2024 Lok Sabha elections, the Congress leader who carved a path for himself as the people's leader through his famed Bharat Jodo Yara would now be able to contest further elections.
Rahul Gandhi had in April told a sessions court in Surat his conviction by a magistrate's court in the 2019 defamation case was erroneous, patently perverse, and he was sentenced in a manner so as to attract disqualification as a Member of Parliament.
A fierce critic of Prime Minister Narendra Modi and his main challenger in 2024 polls, Gandhi was ousted from Parliament after his conviction by a magistrate’s court in March.
According to the Lok Sabha secretariat, Rahul Gandhi is entitled to return to Parliament from Monday. However, the Lok Sabha secretariat has to issue a notice.
“The notice will say that his suspension from the Lok Sabha has been removed following the Supreme court decision. He can't come before the notification is issued”, the Lok Sabha secretariat said.
Rahul Gandhi's lawyer, Senior Advocate Abhishek Manu Singhvi, had in Supreme Court argued that the former MP from Wayanad who had been ‘disqualified’ due to the conviction order by the Gujarat Court has already lost two parliament sessions.
Notably, he also mentioned that this is Rahul Gandhi's LAST CHANCE at an acquittal in order to attend the Parliament and contest elections. The lawyer for Rahul Gandhi also added that the Gujarat High Court had reserved its judgement for 66 days, and due to conviction in the case, Gandhi has already lost two Parliament sessions.
"Interestingly, everybody who is aggrieved in this very 'small' community of 13 crores, the only people suing are BJP office-holders. Very strange," Singhvi had said.
Congress leader Adhir Ranjan Chowdhury has said that he will immediately write a letter to Lok Sabha speaker Om Birla, “It's a happy day...I will write and speak to Lok Sabha Speaker today itself”.
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