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Supreme Court Stays Conviction of Rahul Gandhi in Defamation Case Over “Modi Surname” Remark: Larger Appeal to Be Heard on Merit

04-08-2023 : The Supreme Court, on Friday, granted a stay on the Gujarat High Court’s order upholding the conviction of Congress leader Rahul Gandhi for defamation over his “Modi surname” remark made in 2019. The apex court ruled that the stay would remain in effect until the larger appeal is heard on merit, as directed by a bench led by Justice B R Gavai.

The stay was granted after the Supreme Court observed that the trial judge had not provided adequate reasons for awarding the maximum punishment of two years to Rahul Gandhi. The court further highlighted that the disqualification imposed not only impacted Gandhi but also affected the electorate of his constituency.

However, the top court also offered a word of caution to Rahul Gandhi, advising him to exercise greater care in making statements that could be construed as defamatory. It emphasized that the matter is currently under review by a specific court, and therefore, the Supreme Court refrained from commenting on the merits of the case to avoid influencing the ongoing proceedings.

During the hearing, the court considered the arguments presented by the counsel at length and noted that the discussions had delved into the substance of the matter. Justice Gavai, in his order, acknowledged that the remarks made by the petitioner (Rahul Gandhi) were not in good taste, yet the trial judge’s decision to award the maximum sentence lacked sufficient justification and rationale.

Consequently, the Supreme Court issued a stay on the conviction, effectively suspending the implementation of the sentence. This move gives Rahul Gandhi temporary relief from the legal consequences of the defamation case until the larger appeal is heard and the merits of the matter thoroughly examined.

The case revolves around Rahul Gandhi’s “Modi surname” remark made in 2019, which led to a defamation lawsuit filed against him. The Gujarat High Court had previously upheld his conviction, prompting the appeal to the Supreme Court.

With the stay in place, the focus now shifts to the forthcoming appeal hearing, during which the merits of the case will be thoroughly assessed. Until then, Rahul Gandhi’s conviction remains suspended, ensuring that he can continue his political engagements without the burden of the defamation sentence. However, the cautionary message from the Supreme Court serves as a reminder to all public figures to exercise caution and responsibility when making public statements to avoid any potential legal repercussions.

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