SC stays conviction of Rahul Gandhi in 'Modi-thieves' defamation case

NT Correspondent, Agencies

New Delhi: In a significant relief to Congress leader Rahul Gandhi, the Supreme Court on Friday stayed his conviction in a 2019 defamation case over his Modi surname remark, paving the way for revival of his Lok Sabha membership.

The apex court order questioned the sentence handed to Gandhi by the lower court. A bench of Justices B.R. Gavai, P.S. Narasimha and P.V. Sanjay Kumar said that the trial court did not give specific reasons for imposing the maximum punishment under the offence.

The order said: “The sentence for an offence punishable under Section 499 of the Indian Penal Code is maximum of two years of sentence or fine or both. The learned trial judge, in the order passed by him, has awarded the maximum sentence of two years.

Except the admonition to the petitioner by this Court in a contempt proceeding, no other reason has been granted by the learned trial judge while imposing the maximum sentence of two years.

It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned trial judge that the provisions of Section 8(3) of the Representation of Peoples Act came into play. Had the sentence been a day lesser, then the provisions would not have attracted.

Particularly when the offence was noncompoundable, bailable and cognizable, the least which was expected from the learned trial judge was to give reasons for imposing the maximum punishment.

Though the learned appellate court and the High Court have spent voluminous pages in rejecting the applications, these aspects are not seen considered.”

"Truth always triumphs, if not today then tomorrow or the day after. I thank people for their support," Rahul Gandhi said.

The apex court said Gandhi's conviction and subsequent disqualification not only affected his right to continue in public life but also that of the electorate who elected him to represent their constituency.

"No doubt the utterances were not in good taste and a person in public life is expected to exercise caution while making public speeches. Taking into consideration these and that no reason has been given by the trial judge for imposing the maximum sentence, the order of conviction needs to be stayed pending final adjudication," the bench said.

As the hearing began, the bench asked senior advocate Abhishek Singhvi, appearing for Gandhi, and senior advocate Mahesh Jethmalani, representing complainant Purnesh Modi, to complete their submissions within 15 minutes each.

Initiating his arguments, Singhvi submitted Modi surname is not an identifiable class within the meaning of sections 499 and 500 of the Indian Penal Code who are authorised under law to file a defamation complaint.

He said it is for the first time that an amorphous group of 13 crore people (the Modis) have purportedly held themselves to be a suing class.In that 13 crore, there is no uniformity, homogeneity, identifiability, no boundary line and, secondly, Modi himself said his original surname was not Modi but Bhutala, Singhvi said.

Contending that the ingredient of 'intention' to attract defamation is missing, the senior lawyer said one of the witnesses has admitted in his deposition that he is not aware of Gandhi's intention to defame all people with the 'Modi' surname.

Countering his submissions, Jethmalani said there is a plethora of evidence against Gandhi. He said 'Modi' was an identifiable class and every person having the 'Modi' surname has the right to file the complaint.

Gandhi, who refused to apologise, urged the Supreme Court to stay his conviction in the criminal defamation case stemming from his comment.

Purnesh Modi filed the case against Gandhi over his "How come all thieves have Modi as the common surname?" comment.

What's next for Rahul?

The Lok Sabha Speaker Om Birla can now revive his membership on his own or Gandhi, armed with the apex court order, can seek restoration of his status as an MP.

Congress MP Adhir Ranjan Chowdhury said that he has already met Lok Sabha Speaker Om Birla and urged him to reinstate Gandhi as the MP of Wayanad with “the same speed at which he was disqualified as an member of the House”.