4 Aug 2023

Supreme Court Stays Rahul Gandhi's 2-year Sentence In Modi Surname Case; Status As MP Restored

New Delhi: The Supreme Court on Friday stayed Rahul Gandhi's two-year sentence in the Modi surname case. However, the court said that care should be taken while giving a speech, it is expected that they will take care further. The top court has restored his status as an MP.

During this, the court asked why the maximum punishment in this case? Said - he could have been given less punishment. They don't get disqualified. The punishment could have been 1 year and 11 months.

Earlier, the arguments went on for 3 hours in the Supreme Court. Rahul's lawyer said that the real surname of Purnesh Modi, who filed the defamation case, is not Modi, but he has changed his surname.

Senior advocate Abhishek Manu Singhvi argued on behalf of Rahul. He said- The real surname of the complainant Purnesh Modi is not Modi. He adopted this surname later.

Sionghvi said not a single person has filed a case for taking Gandhi's name in the speeches. All those who have filed cases against Rahul belong to BJP.

Rahul's case was heard by a bench of Justices BR Gavai, PS Narasimha and Sanjay Kumar. The Gujarat High Court refused to stay Rahul's two-year sentence in the defamation case.

Before the start of the hearing, the Supreme Court told Abhishek Manu Singhvi – You have to prove this case to be special in order to stay the sentence, otherwise only the ruling is applicable.

No reason given by trial judge for imposing maximum sentence: SC

"No reason has been given by the trial judge for imposing maximum sentence, the order of conviction needs to be stayed pending final adjudication," the bench said. 

 The top court was hearing a plea by Gandhi challenging the Gujarat High Court verdict which dismissed his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark. Former Gujarat minister 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 made during an election rally in Kolar in Karnataka on April 13, 2019.

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