The Supreme Court, on Friday, 21 July, issued notice on Congress leader Rahul Gandhi's petition seeking suspension of his conviction in the 2019 'Modi surname' case.
The case, the conviction & the disqualification: A Surat Magistrate court had on 23 March convicted Rahul Gandhi in a criminal defamation case filed by BJP leader Purnesh Modi and sentenced him to two years in jail for his comment that allegedly said "all people with Modi surname are thieves" that he made during an election rally in Kolar in April 2019.
The judge asserted, "The accused had taken the reference of the surname of the current Prime Minister Shri Narendra Modi, to satisfy his political greed and insulted and defamed 13 crore people living in the whole of India having the surname 'Modi."
Gandhi was disqualified as a member of the Lok Sabha a day after this verdict.
In the Gujarat HC: Earlier this month, when the Gujarat High Court refused to stay Gandhi's conviction in the case he approached the top court with his plea seeking a stay.
In the Supreme Court today: During the proceedings at the Supreme Court on Friday, Justice BR Gavai, who is one of the judges hearing Gandhi's case, asked if there was any objection to him hearing the case on account of his father being associated with the Congress party.
Gavai reportedly said, "Before we start with the matter, I must express some difficulties on my part to both sides. My father was associated with the Indian National Congress, though he was not a Congress member. He was associated with Congress for more than 40 years. He was a member of both the Parliament and the state legislature with Congress' support."
"My brother is still in politics and associated with Congress. In this background, you have to take a call on whether I should take up this matter. In that Victoria Gowri matter also, I said I had a political background and been a judge for more than 20 years, but it has never affected my [judgement]. Please take a call," he added.
To this, the lawyers representing both sides affirmed that they had no problem.
Meanwhile, Senior Advocate Abhishek Manu Singhvi, who is representing Gandhi requested the judges to a consider a plea for interim suspension of his sentence.
However, the bench noted that it could not grant interim relief without first hearing the other side.
So, what now? The court thus, issued notice and posted the case for hearing on 4 August.
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