Defamation case: SC to hear RaGa's plea on August 4
The Supreme Court on Friday issued notices to Bharatiya Janata Party (BJP) MLA Purnesh Modi and the State of Gujarat on Congress leader Rahul Gandhi's plea seeking a stay on his conviction in the criminal defamation case related to his Modi surname remark. A bench of Justices BR Gavai and Prashant Kumar Mishra posted the case for further consideration on August 4.
Why does this story matter?
Gandhi filed a petition challenging the Gujarat High Court's order, which refused to stay his conviction in the case. The conviction led to his disqualification as a Lok Sabha MP in March. Gandhi was sentenced to two years in prison over his 2019 remark, "How come all the thieves have Modi surname?" The Congress accused the BJP of conspiring to remove Gandhi from Parliament.
Gavai offered to recuse himself, citing family association with Congress
During the hearing, Justice Gavai offered to recuse himself from the case, saying, "My father was associated (with Congress)...Mr Singhvi you are with Congress for more than 40 years and my brother is still in politics and he is in Congress. Please take a call if you want me to hear this." However, no party raised any objection to Justice Gavai hearing the matter.
Gandhi's counsel pushed for interim suspension of disqualification
Appearing for Gandhi, senior advocate Abhishek Manu Singhvi argued for an interim suspension of disqualification, saying that Gandhi has lost one Parliament session and is losing another. He added that the elections for the Wayanad Lok Sabha seat—Gandhi's constituency before disqualification—would be conducted soon. However, the court refused to pass any order, saying that other respondents will have to be heard.
Peculiar to Gujarat courts: SC on unusually long order
Intriguingly, the court also observed that the Gujarat HC's order on Gandhi's plea seeking a stay on his conviction was unusually long. It remarked, "There are over 100 pages in order...What is there to file replies. This is peculiar we are seeing to Gujarat courts."
Gandhi barred from contesting elections for 8 years
The conviction of Gandhi—a four-time MP—by a Surat court in the defamation case barred him from contesting elections for six years after his release unless a higher court stayed his conviction and sentence. Notably, Purnesh filed a complaint against Gandhi after his remark in Karnataka's Kolar ahead of the 2019 Lok Sabha elections. The proceedings in the case remained sluggish for nearly four years.
