'Modi Surname' Case: SC To Hear Rahul Gandhi's Plea Against Gujarat HC Conviction Order Today

Rahul Gandhi has argued that the two-year sentence imposed on him for criminal defamation was a rare occurrence, and though the sentence had been suspended, the conviction itself had not been stayed.

Congress leader Rahul Gandhi. ( Image Source :PTI )

The Supreme Court is scheduled to hear an appeal by Congress leader Rahul Gandhi on Friday. The appeal challenges the Gujarat High Court's decision to dismiss his plea seeking a stay on his conviction in a defamation case related to his "Modi surname" remark.

The bench, comprising Chief Justice DY Chandrachud and Justices PS Narasimha and Manoj Mishra, granted the hearing after senior advocate Abhishek Singhvi, representing Gandhi, requested the appeal to be listed on either July 21 or July 24. The court agreed to hear the plea on July 21, reported news agency PTI.

In his appeal filed on July 15, Gandhi argued that if the July 7 judgment is not stayed, it would severely impact free speech, expression, thought, and statements. The defamation case was initiated by Purnesh Modi, a former Gujarat government minister, in 2019 after Gandhi made a remark during an election rally in Karnataka on April 13, 2019, asking, "How come all thieves have Modi as the common surname?"

Gandhi emphasized that the two-year sentence imposed on him for criminal defamation was a rare occurrence, and though the sentence had been suspended, the conviction itself had not been stayed. Consequently, he was barred from holding any political elective office for eight years, preventing him from participating in parliamentary proceedings and causing irreparable harm to his political career.

As interim relief, Gandhi sought an ad interim ex parte stay on the Gujarat High Court's July 7 order and an ad interim stay of his conviction during the pendency of the appeal in the Supreme Court.

He argued that the judgment misapplied the term "moral turpitude" to a case that did not involve heinous offences, and such a finding could have a detrimental impact on political free speech during a political campaign. Gandhi also pointed out the mischaracterization of his one-line statement, which allegedly defamed an undefined group of 13 crore people with the surname "Modi."

He questioned the fact that all previous defamation cases, including the present one, were filed by members and office-bearers of the ruling party, and raised concerns about the fairness of the process.

Earlier, on March 24, Gandhi was disqualified as a Member of Parliament following his conviction in the defamation case, and his petition for a stay on the conviction was dismissed by the Gujarat High Court on July 7.

The complainant in the case filed a caveat in the Supreme Court on July 7, seeking to be heard in case Gandhi moved a plea challenging the high court's verdict.

The case originated in a metropolitan magistrate's court in Surat, where Gandhi was sentenced to two years in jail for criminal defamation under IPC sections 499 and 500. Despite seeking bail, the sessions court refused to stay the conviction on April 20, leading Gandhi to appeal to the Gujarat High Court and, subsequently, to the Supreme Court.