NEW DELHI, Aug 4:
The Supreme Court on August 4, 2023, stayed the conviction of Congress leader Rahul Gandhi in a criminal defamation case for his alleged ‘Modi’ surname remark’ in a political rally in 2019.
A three-judge Bench headed by Justice B.R. Gavai also comprising Justices P.S. Narasimha, and Sanjay Kumar, pointed out that the trial judge had not given any reason for imposing the maximum sentence of two years, and “not one day less”, because of which the issue of his disqualification from the Parliament has come into play.
The court however said Mr Gandhi’s alleged remarks, if made, were not in good taste.
A person in public life should exercise a degree of caution. Gandhi ought to have been more careful.
Senior advocate Abhishek Manu Singhvi, appearing for Mr. Gandhi, argued that defamation is a non-cognisable, bailable, and compoundable offence.
He said he has not seen another case in which the maximum two-year sentence has been awarded.
In democracy, there is room for dissent. No serious offence like rape, kidnap or murder, which involves moral turpitude, has been committed.
Mr. Gandhi has already missed two Parliament sessions,” Mr. Sanghvi said. (Agencies)