Relief for India's opposition Congress as top court stays Rahul Gandhi conviction in 'Modi surname' case

IN a major relief to Rahul Gandhi and his Indian National Congress as well as India's opposition that is trying to put up a united fight against prime minister Narendra Modi's Bharatiya Janata Party in next year's general elections, the Supreme Court of India on Friday (4) stayed the leader's conviction in a criminal defamation case against him over his remark on 'Modi surname'.

Gandhi had asked "Why all thieves have Modi surname?" at an election rally in the southern state of Karnataka in April 2019 in an indirect dig at prime minister Modi, fugitive Indian businessmen Nirav Modi and former Indian Premier League chairman Lalit Modi, none of whom are related.

As per the observation of the top court, the trial judge awarded a maximum sentence of two years in the case and added that it would not have attracted disqualification of the sentence was a day lesser, NDTV reported.

In April, Gandhi, 53, told a sessions court in Surat in the western state of Gujarat his conviction by a magistrate's court in the four-year-old defamation case was erroneous and he was sentenced in a way as to attract his disqualification as an MP (member of parliament). The opposition leader also alleged that the treatment he received from the trial court was harsh.

The apex court said that the utterances made by Gandhi were not in "good taste" and that person in public life should be more careful while making public speeches but stayed the conviction considering that the ramifications of disqualification affect not just the right of the individual but also the electorate.

With the stay of his conviction, Gandhi's qualification as a member of parliament also remains in abeyance.

The Congress leader's lawyer argued in the court that it was his last opportunity to get acquittal in order to attend the parliament and contest polls. It was also said that the high court had reserved its judgement for 66 days and Gandhi lost two parliamentary sessions due to the conviction which came in March.

Gandhi represented the Wayanad constituency in the southern state of Kerala where he won in the 2019 general elections after contesting from two seats, the other being Amethi, his previous constituency in the northern state of Uttar Pradesh.

Gandhi's plea for a stay on his conviction was heard by a Supreme Court bench comprising justices BR Gavai, PS Narasimha and Sanjay Kumar.

The Congress was jubilant over the top court's order.

Senior parliamentarian Jairam Ramesh said in a post on X, "The Supreme Court judgment is a strong vindication of truth and justice. Despite the relentless efforts of the BJPs machinery, @RahulGandhi has refused to bend, break or bow, choosing instead to place his faith in the judicial process. Let this be a lesson to the BJP and its acolytes: you can do your absolute worst but we will not back down. We will continue to expose and call out your failures as a Government and as a party. We will continue to uphold our Constitutional ideals and repose faith in our institutions which you so desperately want to destroy."

In a tweet in Hindi, the Congress said, "It is a victory of love against hate. Satyamev Jayate - Jai Hind."

The Congress also tweeted video of Gandhi getting a warm welcome from his party supporters, captioning it "Jananayak" (mass leader)

Senior advocate Abhishek Manu Singhvi, representing Gandhi, questioned evidence in the case. He also said that the complainant Purnesh Modi, a former minister of Gujarat, did not have Modi as his original surname and had changed it.

In an affidavit before the top court, Gandhi said that he has always said that he is not guilty of the offence. He added that the "conviction is unsustainable" and if he had to apologise and compound the offence, "he would have done it much earlier".