The Supreme Court in the case Rahul Gandhi v. Purnesh Ishwarbhai Modi & Anr observed and has stayed the conviction of Congress leader and former Member of Parliament, MP Rahul Gandhi in the case of criminal defamation over the remark, why all thieves have Modi surname.
The court stayed the conviction of Congress leader, Rahul Gandhi disqualification as MP also now remains in abeyance. The court in the case observed and has stated that the sentence for an offence which is punishable as stated under Section 499 of the Indian Penal Code is maximum of two years of sentence or fine or both.
It has been stated by 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 and there being no other reason has been granted by the learned trial judge while imposing the maximum sentence of two years. Therefore, the said court also noted that it is only on account of the maximum sentence of two years imposed by the learned trial judge that the provisions as stated under Section 8(3) of the Representation of Peoples Act came into play and had the sentence been a day lesser, then the provisions would not have been attracted in the matter.
Further, it has been stated by the said court that particularly when the offences were non-compoundable, bailable and cognizable, the least which was expected from the learned trial judge was to give reasons for imposing the maximum punishment.
The bench in the case observed that the utterances of Rahul Gandhi were not in a good taste and it has been stated that the person in public life ought to have been more careful while making public speeches.
The bench comprising of three-judge, Justices BR Gavai, PS Narasimha, and Sanjay Kumar was hearing was hearing the plea moved by Rahul Gandhi wherein challenging the Gujarat High Court’s refusal to stay his conviction in a criminal defamation case over ‘Modi thieves’ remark, which resulted in his disqualification from the Lok Sabha.
The Apex Court in the case observed and has issued the notice in the plea moved by the Congress leader on July 21, 2023.
