'Rahul Gandhi is still a convict': Modi surname case complainant lawyer Mahesh Jethmalani on SC stay order

livemint.com:

ANI that ‘though the Court stayed the conviction today, in the eyes of law he (Rahul Gandhi) is still a convict.’ A three-judge bench of Justices B R Gavai, P S Narasimha and Sanjay Kumar, while granting Gandhi the relief, said no reason was given by the trial court judge while convicting him except that he was admonished by the apex court in a contempt case. “...Today the Court stayed the conviction.

The Court said that insufficient reasons were given for the 2-year punishment that was earlier pronounced. It said that sufficient reasons should have been given for maximum punishment..." Jethamalani attested to the Supreme Court order.

Flagging the fact thar Rahul Gandhi has not yet been acquitted of the allegation by Purnesh Modi in the Modi Surname remark case, Jethmalani said, "Stay' means that the consequences of conviction - like disqualification - will be stayed because, like I said, the reasons were not sufficient. But now, there will be appeal in sessions court.

Ruling of the magistrates' court is correct for both sentencing and conviction but due to the 'stay', he can return to the Parliament." After the Supreme Court's order, the Lok Sabha speaker can now revive Rahul Gandhi's membership on his own or Gandhi, armed with the apex court order, can seek restoration of his status as an MP. The apex court on Friday had said that said the least the trial court judge was expected to do was give some reasons for imposing the maximum sentence provided under the defamation act that led to Gandhi being awarded a term of two years in jail, having attracted the provisions of the electoral law that envisages automatic disqualification of an MLA or MP sentenced to two years in jail.