Big news friends...The Supreme Court Stayed on Congress Leader Rahul Gandhi's Defamation Case and restored his membership, do you understand what it means? It means that it would be prof another big headache for the BJP govt, especially for current PM Narendra Modi.
The Supreme Court took a big decision on Friday regarding the conviction of a criminal Defamation case against Congress leader Rahul Gandhi. The SC, headed by CJI DY Chandrachud, reinstated Rahul Gandhi's Lok Sabha membership. Soon he will be seen in the Lok Sabha.
What was for the Defamation Case Against Cong Leader Rahul Gandhi?
Now let's try to understand what was for the defamation case filed against Cong Leader Rahul Gandhi. However, you all are familiar with that but still, let me remind you guys about this. Rahul Gandhi was convicted of criminal defamation in a case filed by BJP MLA Purnesh Modi for his 2019 remarks about people with the Modi surname. At a political rally in Karnataka' Kolar, Rahul Gandhi had said, "Why do all thieves have Modi as the common surname?"
Purnesh Modi filed a complaint against Rahul Gandhi under Sections 499 and 500 of the Indian Penal Code (IPC), which deal with criminal defamation. The trial court in Surat found Rahul Gandhi guilty of defamation and sentenced him to two years in prison for his statement on Modi's surname in the Karnataka election rally.
Cong Leader Rahul Gandhi appealed the conviction to the Gujarat High Court, but in return, the High Court upheld the conviction.
Rahul Gandhi then appealed the conviction to the Supreme Court, and the result is SC stayed the conviction of him on August 4, 2023.
The stay of the conviction means that Rahul Gandhi's disqualification from Parliament has been revoked. He can now participate in the ongoing monsoon session of Parliament.
The defamation case against Rahul Gandhi was highly controversial. Some people argued that Rahul Gandhi's remarks were not defamatory, while others argued that they were. The Supreme Court's decision to stay the conviction is likely to be seen as a victory for Rahul Gandhi, but the case is not over yet. The Supreme Court will still have to decide on the merits of the case, and it is possible that Rahul Gandhi could still be convicted of defamation.
What did S.C (Supreme Court) say on Rahul Gandhi's defamation case?
The Supreme Court also said:
"➤ Only on this basis he lost his membership under Section 8(3) of the Representation of the People Act.
➤ Had he been punished for a day less, he would not have lost his membership.
➤ Especially these are the offences in which bail is given and cognizance is taken.
➤ At least the trial court judge is expected to give reasons why he/she is awarding the maximum sentence.
➤ Both the High Court and the trial court filled page after page in rejecting Rahul Gandhi's petition but the reason was not given."
Further, the Supreme Court said that the remarks made by Gandhi were "no doubt… in bad taste" and he should "have been more careful while making the public speech". The SC, however, said that the remarks did not meet the threshold of defamation, as they were not made to harm the reputation of the Modi family.
ANI reported that "After Supreme Court stayed the conviction of Congress leader Rahul Gandhi in the 'Modi Surname' defamation case, Congress General Secretary KC Venugopal stated, "Now the Speaker has to take a decision."
According to the news report of scrolls.com, "A bench of Justices BR Gavai, PS Narasimha and PV Sanjay Kumar said that the trial court did not give any specific reasons for imposing the maximum punishment – two years of imprisonment – in the case, according to Bar and Bench."
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