Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court

Jethmalani: Although Gandhi was admonished by Supreme Court, there is no change in his conduct.

(Refers to public speech in which Gandhi said PM was indicted by SC in connection with Rafale deal, which led to a contempt petition)

Jethmalani continues.

"He says that he does not seek any forgiveness - maafi. Which means that you do what you want. What circumstances has he pleaded? Just that there are no previous convictions."

SG: Many a time, not giving reasons is criticised by Supreme Court. Which is why I must say with folded hands, this is why they elaborate...

Gavai J: We are not making off-the-cuff remarks. Just that we have come across 2 recently... 

Jethmalani: MP must be held to higher standard...

Gavai J: A lot was said in judgment about high standard politician is held to...125 pages...Makes very interesting reading. Some of judgements coming from Solicitor-General's state (Gujarat) makes from very interesting reading.

Jethmalani: When he becomes SG, he represents entire India.

Gavai J: I am also from [Maharashtra].

SG: Very proud to say I'm from Gujarat.

Gavai J mulls whether constituency being unrepresented is a relevant factor.

"Not just one individual's right being affected, but an electorate. Trial judge has granted maximum sentence. He has to explain why. Not a whisper by trial judge."

Jethmalani: Disqualification on conviction is automatic & immediate. Now what was taken away in Lily Thomas is sought to be brought back...In applications for stay on conviction, there must be a very clear point. There can be no appreciation of evidence.

Gavai J: Well settled.

Jethmalani reads out from Representation of the People Act.

"We are on a limited point today. In Lily Thomas, #SupremeCourt struck down S 4 of RPA. But now this is making backdoor entry..."

Jethmalani: Every public servant in Aligarh has cause of action for defamation. This was an identifiable class. (refers to an earlier judgment of #SupremeCourt)

Similarly, every person in this identifiable 'Modi' group has locus standi.

Jethmalani: 13 crore members of Modh Vanik caste...Two parts of defamation...He said he did not make...

Gavai J: How many politicians would remember what they speak during earlier meetings?

Jethmalani: When you are accused, you have to read allegations...when he is facing trial.

Jethmalani: What did he say? "Achchha ek chhota sa sawal, inn sab choron ka naam, Modi, Modi, Modi kaise hain...Lalit Modi, Nirav Modi...Aur thoda dhundoge toh aur saare Modi nikal aayega"

His intention was to defame every person with surname Modi, just because it matches that of Prime Minister. This is ex facie malice...