Modi surname Case: In its ruling, the top court noted that the trial judge had given the case’s maximum sentence of two years, adding that a day less of a sentence would not have resulted in disqualification.

The Supreme Court stayed Rahul Gandhi’s conviction today in the criminal defamation case brought against him due to his remark about the “Modi surname,” while maintaining that his comments are offensive, especially for a person in public life.

The top court noted that the trial judge had given the case’s maximum sentence of two years, noting that a day less of a sentence would not have resulted in disqualification.

Rahul Gandhi also claimed in April before a Surat sessions court that his conviction in the 2019 defamation case by a magistrate’s court was incorrect, blatantly perverse, and that the manner of his sentence would render him ineligible to serve in parliament. He claimed that the trial court’s harsh treatment of him was “overwhelmingly influenced” by the fact that he was an MP.

The Supreme Court stated today that the petitioner “ought to have been more careful in making speeches” and that there was no doubt that his remarks were not in good taste.

“The ramifications of disqualification do not just affect the right of the individual but also the electorate,” it stated.

Rahul Gandhi’s attorney had earlier argued in court that this was his final opportunity before being found not guilty, and that it would enable him to participate in Parliament and run for office. He added that the High Court had reserved its decision for 66 days, and that Mr. Gandhi had already missed two sessions of Parliament because of the case’s conviction.

Rahul Gandhi’s request for a stay of execution before a Supreme Court panel comprised of Justices BR Gavai, PS Narasimha, and Sanjay Kumar was being heard. His conviction for criminal libel had previously been upheld by the Gujarat High Court.

Rahul Gandhi’s attorney, senior advocate Abhishek Manu Singhvi, claimed there hasn’t yet been any evidence despite the fact that the trial is over and Mr. Gandhi has even been found guilty.

According to Mr. Singhvi, 30 crore people have never before been considered a distinct class. They are amorphous, non-homogenous, and totally different communities, castes, and groups that go by the name “Modi,” he claimed.

Justice Gavai had stated at the beginning of the hearing that Mr. Gandhi would have to present a unique argument for a stay of execution, to which Mr. Singhvi responded that he was not arguing execution today.

Purnesh Modi, the complainant, had a different last name before changing it, according to Mr. Singhvi.

“Purnesh Modi, the complainant, admitted that Modi was not his original last name. He asserted, “He is a member of the Modh Vanika Samaj, and none of the people Mr. Gandhi mentioned in his speech have filed a lawsuit against him.

It’s interesting to note that the only plaintiffs in this 13 crore strong’small’ community lawsuit are BJP office holders. Very odd,” remarked Mr. Singhvi.

The Supreme Court then emphasized that the trial court had also discussed Mr. Gandhi’s prior criminal history.

“They cited 13 cases, but none of them resulted in convictions. How are these criminal histories cited? I’m not a seasoned felon…Despite that, take a look at the chart. Many BJP karyakarta-filed cases, but never a conviction, said Mr. Singhvi.

The High Court views this as a serious offense involving moral turpitude, Advocate Sanghvi continued.

“Not one piece of morally repugnant material. No judgment at all. It is not only bailable but also compoundable. Maximum sentence of two years, no crimes against society, no kidnapping, rape, or murder…How is this a crime involving moral turpitude?” he questioned.

He continued that no other case had a two-year sentence handed down.

While adamantly claiming his innocence, Mr. Gandhi asked the Supreme Court on Wednesday to postpone his two-year sentence so he could take part in the Lok Sabha’s current session and any sessions that come after.

Rahul Gandhi poked fun at Prime Minister Narendra Modi at a rally in Kolar, Karnataka, in April 2019 by asking, “How come all the thieves have Modi as the common surname?”

The former Wayanad MP claimed in an affidavit submitted to the Supreme Court that he has always maintained his innocence and that the conviction “is unsustainable.” He added that if he had been required to apologize and compound the offense, “he would have done it much earlier.”

In the Surat Sessions court, where the appeal is still pending, Rahul Gandhi has contested the trial court’s ruling.

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