SC stays Rahul Gandhi defamation conviction in 'Modi surname' remark; may return as Wayanad MP

New Delhi: The Supreme Court on Friday stayed the conviction of Congress leader Rahul Gandhi in a criminal defamation case which disqualified him as member of parliament from Wayanad, Kerala post the two-year sentencing.

The case in point refers to a certain remark - on the surname 'Modi' - the former Congress president made at a public meeting in Karnataka's Kolar in 2019.

With the stay, Gandhi's disqualification as the member of parliament after the conviction becomes void.

A three-judge bench headed by Justice Gavai observed the apex court could not understand the rationale by which the lower trial court awarded the maximum sentence of two years to Gandhi post conviction that in turn resulted in the former Congress president's disqualification as member of parliament.

"...when you impose the maximum sentence, there has to be reasons. But there is no whisper on this by the trial court...," Justice Gavai pointed out, reported LiveLaw.

Pronouncing the verdict, Justice B R Gavai said the ramifications of Gandhi's conviction are wide since it will also affect the right of the electorate who elected him.

Senior advocate Abhishek Manu Singhvi, appearing for Gandhi, told the three-judge bench of Justices B R Gavai, P S Narasimha and Sanjay Kumar that his client is not a hardened criminal and there is no conviction in any case despite several cases filed against him by BJP workers.

"The original surname of former Gujarat minister Purnesh Modi, who filed a defamation case against him, is not Modi and he belongs to the Modh Vanika Samaj," Singhvi informed the court. 

Excerpts of  SC order as appeared on LiveLaw:

“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 non-compoundable, 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.”

"At the same time, the bench observed that the utterances of Gandhi were not in "good taste" and said that a person in public life ought to have been more careful while making public speeches."

Meantime, the Congress on Friday hailed the Supreme Court ruling staying the conviction of Gandhi in a 2019 defamation case, calling the judgment a strong vindication of truth and asserting that 'no force can silence the voice of the people'.

The case

Purnesh Modi had filed a criminal defamation case in 2019 against Gandhi over his "How come all thieves have Modi as the common surname?" remark referring to persons like Lalit Modi, Nirav Modi. It was made during an election rally in Kolar in Karnataka on April 13, 2019.

Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as a member of parliament. Gandhi has approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as a member of parliament.

On March 23, 2023, the court of chief judicial magistrate, Surat convicted and sentenced Gandhi to two years imprisonment, following which he was disqualified as a member of Lok Sabha. However, his sentence was suspended, and he was also granted bail on the same day to enable him to move an appeal against his conviction within 30 days.

On April 3, Gandhi approached the Surat sessions court assailing his conviction and further seeking a stay on the same, which was rejected on April 20. However, Surat sessions court on April 3 granted bail to Gandhi till the disposal of his appeal.

Dismissing Gandhi's revision plea, the Gujarat High Court observed that the case against Gandhi concerns a large identifiable class (Modi community) and not just an individual.