The Supreme Court on Thursday stayed the conviction of Congress leader Rahul Gandhi in a criminal defamation case. The case was related to a remark he allegedly made during a political rally in 2019 about the “Modi” surname. The three-judge bench, led by Justice B.R. Gavai, along with Justices P.S. Narasimha and Sanjay Kumar, questioned the trial judge’s decision to impose the maximum sentence of two years without providing any reason. This sentence raised concerns about his disqualification from Parliament.
The court acknowledged that while Gandhi’s alleged remarks, if made, were in bad taste, public figures like him should exercise caution and be more careful in their statements. Senior advocate Abhishek Manu Singhvi, representing Gandhi, argued that the defamation was a non-cognizable, bailable, and compoundable offence, and the maximum sentence was rarely awarded. He highlighted that no other conviction had been recorded against him, and mutual respect should prevail in politics.
On the other side, senior advocate Mahesh Jethmalani, representing Purnesh Modi, argued that there was evidence, including recordings of Gandhi’s comments, showing a clear intent to defame an entire community with the “Modi” surname due to his dislike for Prime Minister Narendra Modi.
Gandhi’s petition stated that his political speech, critical of economic offenders and the Prime Minister, made during a democratic political activity, had been wrongfully branded as an act of “moral turpitude.” He contended that such a finding would be detrimental to democratic free speech and political dialogue. The conviction and two-year sentence, he argued, would lead to his exclusion from all politically elected offices for eight years.
Earlier, Rahul had refused to apologise for his remark and urged the Supreme Court to stay his conviction. He accused Purnesh Modi of using slanderous terms against him for not apologising and viewed it as an abuse of the judicial process.
The criminal defamation case against Rahul Gandhi was filed by BJP leader and former Gujarat Minister Purnesh Modi in 2019 over the “Modi surname” remark made during an election rally in Karnataka.
Rahul Gandhi’s conviction, disqualification and stay
On April 13, 2019, during a political rally in Kolar, Karnataka, before the Indian general elections, Rahul Gandhi remarked in Hindi saying “Why do all thieves, be it Nirav Modi, Lalit Modi or Narendra Modi, have Modi in their names?” A criminal defamation case was filed by Purnesh Modi, a Bharatiya Janata Party (BJP) MLA from Surat West, who claimed that Gandhi had defamed all people with the surname Modi.
On July 16, 2019, a Surat court exempted Gandhi from personal appearance in court due to a short notice. On October 10, Rahul Gandhi pleaded not guilty in the Surat Court. He recorded his statements and answered questions in front of the local Court first on June 24, 2021 and then again on October 29, 2021. During these appearances, Gandhi stated in front of the court that he did not mean to defame any community and that his statements were sarcasm for the purpose of the elections.
On February 23, 2022, the Surat Court rejected Purnesh Modi’s request to make Rahul Gandhi “personally explain” the contents of the CD and pen drive evidence submitted by Modi.
Modi appealed this rejection in the Gujarat High Court and was able to obtain a stay on the hearings.
On March 23, 2023, the Surat court convicted Rahul Gandhi and sentenced him to two years in prison stating that Gandhi “has accepted the controversial facts”. He was given 30 days to appeal against his sentence.
