Rahul Gandhi Urges Supreme Court to Stay Conviction in Modi Surname Case, Asserts Innocence
02-08-2023 : Congress leader Rahul Gandhi has sought relief from the Supreme Court in a criminal defamation case involving his ‘Modi surname’ remark made at an election rally in 2019. Gandhi, who was disqualified as MP from Wayanad in Kerala following his conviction by a Gujarat court, has firmly asserted his innocence and maintained that the conviction is unjustifiable.
In an affidavit submitted to the apex court, Gandhi stated that he is not guilty of the offense and had no intention to compound the matter by apologizing. He condemned the misuse of the criminal process and Representation of People Act to pressure him into an apology, considering it a gross abuse of the judicial system.
The affidavit highlighted that no prejudice was caused to the complainant, making a strong plea for the Supreme Court to stay his conviction. Gandhi expressed his desire to participate in the ongoing sittings of the Lok Sabha and subsequent sessions, stressing the exceptional nature of his case due to the triviality of the offense and the potential irreparable harm to his position as an elected MP.
The conviction came after a Surat court sentenced Gandhi to two years in jail based on a petition filed by Gujarat BJP MLA Purnesh Modi. The MLA alleged that Gandhi had insulted the entire Modi community by drawing a comparison between Prime Minister Narendra Modi and fugitive businessmen Lalit Modi and Nirav Modi during the election rally in Kolar.
Having exhausted other legal avenues, Gandhi moved to the Supreme Court after the Gujarat High Court’s refusal to stay his conviction, citing that such relief should be rare and not a rule. The High Court also took note of the multiple criminal cases pending against the Congress leader, with new cases filed even after this specific instance.
Gandhi’s appeal, filed on July 15, argued that if the July 7 judgment is not stayed, it could lead to a suppression of free speech, expression, thought, and statement. As the matter now rests in the hands of the Supreme Court, the nation awaits a decision that will have significant implications for both the politician and the state of freedom of expression in the country.
