While granting relief to Congress leader Rahul Gandhi, the Supreme Court stated that the trial court’s order has far-reaching implications. According to the Supreme Court, Gandhi’s right to continue in public life, as well as the electorate who elected him, was jeopardised.
There is no question that remarks are not in good taste, and prominent figures are expected to show discretion when delivering public speeches, according to the Supreme Court. As this court noted in admitting his affidavit in the contempt petition, he (Rahul Gandhi) could have been more cautious.
Senior attorney Abhishek Manu Singhvi, who appeared for Rahul Gandhi, was informed by the Supreme Court that he would have to establish an unusual case for a stay of conviction.
In his arguments, Singhvi stated that complainant Purnesh Modi’s original surname was not ‘Modi,’ and that he later took this surname.
“Not one of the people Gandhi mentioned in his speech has filed a lawsuit.” There is no uniformity or homogeneity in this little society of 13 crore individuals. Only BJP officeholders who are suing are offended in this society, according to Singhvi.
Referring to the lower court’s prior decision in the case, Singhvi stated that the judge regards this as a serious offence including moral turpitude.
“This is a non-cognizable, bailable, and compoundable crime.” The crime was not one against society, such as kidnapping, rape, or murder. “How can this become a moral turpitude offence?” he said.
“In a democracy, there is dissent, and there is disagreement.” This is referred to as’shaleen bhasha’. Gandhi is not a ruthless criminal. There have been numerous cases filed by BJP workers, but no one has ever been convicted. Gandhi has now skipped two Parliamentary sessions,” he noted.
In July, the Supreme Court issued notifications to the Gujarat government and the complainant in response to the Congress leader’s appeal of the Gujarat High Court judgement.
In its ruling, the Gujarat High Court declined to postpone Rahul Gandhi’s conviction in the criminal defamation case in which the Surat court sentenced him to two years in prison for the remark “Modi surname.”
The magisterial court convicted Rahul Gandhi in March for his ‘Modi’ surname statements ahead of the 2019 national elections.
