Saturday, July 6
conviction of Rahul Gandhi 1

The Supreme Court grants a stay on the conviction of Rahul Gandhi

The Supreme Court verdict opens the path for the restoration of Rahul Gandhi’s status as an MP, considering he was ineligible for 134 days. This also enables him to take part in the no-confidence motion debate against the council of ministers of the Narendra Modi government in the Lower House next week.

The Supreme Court’s decision on Friday stayed Congress leader Rahul Gandhi’s conviction in a criminal defamation case. The court ruled that the trial judge had failed to justify why Gandhi deserved the maximum two-year punishment under the law. The continuation of his disqualification from Parliament was also found to deprive his constituency of proper representation.

With the conviction stayed, Rahul Gandhi’s status as an MP is set to be revived after being ineligible for 134 days. This means he can now participate in the upcoming no-confidence motion debate against the council of ministers of the Narendra Modi government in the Lower House.

Rahul Gandhi expressed his gratitude to those who supported him during a press briefing and said, “Truth always triumphs.”

The defamation case dates back to 2019 when Gandhi made comments about the “Modi” surname at a poll rally, leading to his conviction in March 2023. However, the Supreme Court emphasized that the trial court needed to specify the reasons for awarding him the maximum punishment as the defamation charge was categorized as bailable, non-cognizable, and compoundable in the Indian Penal Code.

While the court acknowledged that public figures like Gandhi should exercise caution in their public speeches, it stressed that he only faced disqualification due to the two-year jail term, and even a day less would have saved his membership.

The Supreme Court clarified that the stay on Gandhi’s conviction will remain in effect until the Gujarat sessions court, where his appeal against the Surat trial court’s conviction order is pending, finally decides the matter.

Senior counsel Abhishek Singhvi argued that Gandhi’s alleged offence should not be categorized as an offence involving moral turpitude, while senior counsel Mahesh Jethmalani opposed a stay on his conviction, calling the remarks defamatory.

Officials stated that Gandhi could return to Parliament as early as Monday, and the Lok Sabha Secretariat received a copy of the Supreme Court’s order. However, it is not clear if the Secretariat has issued a notice to revoke Gandhi’s suspension.

In an affidavit, Gandhi had refused to apologize and maintained that his conviction was unsustainable, with an “excellent” chance of success in his appeal.

The decision was welcomed by the Congress party, with Congress chief Mallikarjun Kharge hailing it as a victory for democracy and the Constitution. Delhi Chief Minister Arvind Kejriwal also welcomed the stay, expressing confidence in the Indian democracy and judicial system. The BJP’s IT department head, Amit Malviya, tweeted that Rahul Gandhi may have survived this case, but questioned how long it would last.