Modi surname remark case: Supreme Court stays Rahul Gandhi's conviction; revives MP status

In a major development, the Supreme Court on Friday (August 4) granted a stay on the conviction of Congress leader Rahul Gandhi in a defamation case related to his comment about the "Modi surname." The case was originally filed by BJP legislator Purnesh Modi.

The Supreme Court delved into the case's complexities, pointing out that a sentence of 1 year and 11 months would not have resulted in Rahul Gandhi's disqualification as a Member of Parliament. Justice BR Gavai emphasized that the case's significance extends beyond an individual's rights, affecting the rights of the electorate at large. The court further raised questions regarding the trial judge's decision to impose the maximum sentence without adequate explanation.

Delhi excise policy case: No bail for Manish Sisodia today as SC defers hearing plea to September 4

While acknowledging that Gandhi's remarks were in poor taste, the bench of Justices BR Gavai and PK Mishra highlighted that the trial judge had not provided a specific reason for imposing the maximum sentence. Justice BR Gavai emphasized that a sentence just a day shorter would have prevented the provisions of disqualification from applying.

The court concluded that considering these aspects and the absence of a clear rationale from the trial judge, the order of conviction should be stayed pending final adjudication.

During the proceedings, senior advocate Abhishek Singhvi, representing Rahul Gandhi, brought up a notable point, revealing that the complainant, Purnesh Modi, had not originally used the surname 'Modi' and had adopted it later.

Singhvi argued that none of the individuals Gandhi had mentioned in his speech had filed lawsuits. He also underscored the lack of homogeneity and uniformity within the community in question, asserting that only BJP officeholders within this group appeared to be aggrieved.

Home Minister Amit Shah refunds money deposited in Sahara through the 'Sahara Refund Portal'

Earlier this year, Rahul Gandhi was sentenced to two years in jail by a Surat metropolitan magistrate's court, resulting in his disqualification as a Lok Sabha MP in March. This sentence stemmed from his remark "why all thieves have Modi surname." Although the Surat sessions court and Gujarat High Court had declined to stay the conviction subsequently, the recent Supreme Court decision has cast new light on the case.