LIVE UPDATES - Supreme Court Hearing On Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark
Supreme Court bench of Justices BR Gavai & PK Mishra to hear TODAY Congress leader Rahul Gandhi's plea against Gujarat High Court's order refusing to stay his conviction in criminal ddefamation case over 'why all thieves share Modi surname' remark.Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in...
Supreme Court bench of Justices BR Gavai & PK Mishra to hear TODAY Congress leader Rahul Gandhi's plea against Gujarat High Court's order refusing to stay his conviction in criminal ddefamation case over 'why all thieves share Modi surname' remark.
Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as a Member of Parliament.Gandhi has approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to his disqualification as a Member of Parliament.
The criminal defamation case was filed over a remark made by Gandhi during the 2019 Lok Sabha campaign. Referring to persons like Lalit Modi, Nirav Modi, Gandhi had asked "why all thieves have the same surname?".
On March 23, 2023, the Court of Chief Judicial Magistrate, Surat convicted and sentenced Gandhi to 2 years imprisonment, following which he was disqualified as a member of Lok Sabha. However, his sentence was suspended, and he was also granted bail on the same day to enable him to move an appeal against his conviction within 30 days.
On April 3, Rahul Gandhi approached the Surat Sessions Court assailing his conviction and further seeking a stay on his conviction, which was rejected on April 20. However, Surat Sessions Court on April 3 granted bail to Gandhi till the disposal of his appeal.
Dismissing Gandhi's revision plea, the Gujarat High Court observed that the case against Gandhi concerns a large identifiable class (Modi Community) and not just an individual.
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Gavai J: My duty [to disclose]. Everyone should know. Tomorrow there shouldn't be a problem. My father was good friends with your father, as well as his father. In a matter, I had pleasure of appearing with [Ram Jethmalani] as a junior.
Singhvi: On a lighter vein, it's very kind of Your Lordship to say this.
Gavai J: It's my duty. Everyone should know. Coincidentally, my father has been with your father and his father in Parliament. Were great friends.
Gavai J: We'll be keeping this on a miscellaneous day. Friday, August 4.
Counsel: Obliged.
Gavai J pronounces, "Issue notice. Liberty to serve State of Gujarat through standing counsel. Notice waived on behalf of [private complainant Purnesh Modi]. Sr Adv Mahesh Jethmalani seeks 10 days to file written submissions."
Sr Adv AM Singhvi argues that Rahul Gandhi has already lost one parliament session and is currently losing another, while appealing for interim relief. Bench expresses reluctance.
Gavai J: It's a detailed order by Gujarat HC. Over 100 pages. Peculiar thing we are seeing from Gujarat HC.
Gavai J: We'll issue notice.
Singhvi: Please hear me for interim [relief].
Gavai J: At this stage (expresses reluctance)
Singhvi: Then give me the shortest possible date.
Gavai J: We'll issue notice.
Singhvi: Please hear me for interim [relief].
Gavai J: At this stage (expresses reluctance)
Singhvi: Then give me the shortest possible date.
Gavai J: ...My father has had association of 40 years. He was elected with help from Congress. My brother is in active politics. You take a call.
Singhvi: That's a fair comment. We don't have an issue.
Gavai J: In Victoria Gowri's case, my ties were brought up. It's your call.
Gavai J: Before we start...I must express some difficulties from both sides. My father was associated. Though he was not a Congress member, but he was closely associated.
Sr Adv Mahesh Jethmalani: I appear for caveator. I want to put in a short reply.
Gavai J: Let them come...But he has to come soon.