The Supreme Court granted a big relief to Congress leader Rahul Gandhi in the ‘Modi surname’ defamation case, staying his conviction and restoring his status as the Lok Sabha MP.
However, the top court's relief came with a warning for the Congress leader. “Gandhi should have been more careful in making the alleged remarks”, the Supreme Court bench said.
“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”, Live Law quoted Justice BR Gavai.
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The top court observed that no reasons given by trial judge in giving the maximum punishment of two years to Gandhi. “The disqualification affects not only Gandhi but also the electorates of his constituency”, the bench said.
“Not a single of the persons Gandhi had named during his speech has sued. This is a small community of 13 crore people and there is no uniformity, or homogeneity. Who is aggrieved in this community are only people who are BJP office-holders and suing", Gandhi's lawyer Abhishek Manu Singhvi had argued during the hearing.
Former Gujarat minister Purnesh Modi had filed a criminal defamation case against the former Congress president 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.
On March 23, a magisterial court in Surat had convicted Rahul Gandhi in the 2019 case. He was handed a punishment of two years, resulting in his disqualification as the Lok Sabha MP from Wayanad.
Gandhi later moved the sessions court rejected his plea for stay on conviction on April 20. He moved the Gujarat high court which cited his stature as an MP and said he should have been more careful in his comments.
On July 7, the Gujarat high court affirmed this order, rejecting Rahul Gandhi’s revision application seeking a stay on his conviction.