SC stays sentence of two years awarded to Rahul Gandhi in defamation case
Supreme Court on Friday stayed the sentence of two years awarded to Congress leader Rahul Gandhi in 2019 defamation case over 'Modi surname' remark. The top court said no reason has been given by the trial court judge for imposing maximum sentence, order of conviction needs to be stayed pending final adjudication. The court while granting relief to Gandhi said ramifications of the trial court’s order are wide.
Not only was Gandhi’s right to continue in public life affected but also that of the electorate who elected him, the court added. «There is no doubt that utterances are not in good taste, person in public life is expected to exercise caution while making public speeches,» said SC. The top court said it wants to know why the maximum sentence was given.
«Had the judge given a sentence of 1 year and 11 months, then Gandhi would not have been disqualified, observed the Court. SC asked Mahesh Jethmalani who is representing Purnesh Modi, „how many politicians would remember what they speak during 10-15 gatherings in a day?“ Appearing for Gandhi, senior advocate Manu Singhvi told the court that Purnesh Modi’s original surname is not 'Modi' and he adopted this surname later. Singhvi also said judge treats this as a serious offence involving a moral turpitude.
This is non-cognisable, bailable, and compoundable offence. »The offence was not against society, not kidnapping, rape, or murder. How can this become an offence involving moral turpitude?," he argued.
He said Gandhi is not a hardened criminal. «In democracy we have dissent, in democracy we have disagreement. What we call ‘shaleen bhasha’.» Gandhi has already missed two sessions of the Parliament, he added.
Read more on economictimes.indiatimes.com
