Modi surname case: SC to hear plea against Rahul Gandhi's conviction on 4 August

The Supreme Court of India on Friday issued notice on the petition filed by Congress leader and former Member of Parliament (MP) Rahul Gandhi seeking suspension on the conviction in criminal defamation case and two-year jail term imposed on him by a Gujarat court. A criminal defamation case was registered against Gandhi for his remark “All thieves have Modi surname”. The apex court has sought responses from Purnesh Ishwarbhai Modi (a Surat West who had filed the case against Gandhi) and the Gujarat government and posted the matter for hearing on August 4. Senior Advocate Abhishek Manu Singhvi, appearing for Gandhi and Senior Advocate Mahesh Jethmalani, appearing for the complainant, unanimously expressed their no objection. During the hearing today, Singhvi requested for an earlier date of hearing stating that Gandhi has lost over hundred days as MP and that bye-elections for Wayanad constituency could be notified soon. “The petitioner has suffered for 111 days. He has lost one parliament session and losing another. Elections to parliament constituency of Wayanad would be shortly. Jethmalani would not be concerned by disqualification. An interim suspension of disqualification can be given,” Singhvi said. Meanwhile, Jethmalani has requested for 10 days time for filing a reply, saying that he wanted to put on record certain propositions of law. A bench of Justices BR Gavai and Prashant Kumar Mishra refused to pass any order stating that the respondents will also have to be heard. “Issue notice. Waive notice on behalf of respondent number 1. Mr Jethmalani for respondent 1 seeks 10 days time to file written submissions,” the court said. Gandhi had filed a plea before the Supreme Court challenging Gujarat High Court’s refusal to stay the conviction and two-year jail term imposed on him by the Magistrate court in Gujarat. On July 7, single-judge Justice Hemant Prachchhak had refused relief to Gandhi, stating that staying conviction is not a rule and the same must only be exercised in rare cases. Gandhi was convicted by a Magistrate court in Surat on March 23 for his remark that he had made at an election rally in Karnataka’s Kolar constituency, in 2019. With inputs from agencies