The Supreme Court on Friday issued a notice on an appeal filed by Congress leader Rahul Gandhi against a Gujarat High Court order that refused to suspend his conviction and two-year jail term in a criminal defamation case. The court fixed August 4 as the date for hearing his plea to stay the guilty verdict.
“The whole point right now is whether the conviction has to be stayed or not,” said a bench of justices BR Gavai and PK Mishra as it sought responses from BJP leader Purnesh Modi, who is the complainant in the case, and the Gujarat Government.
During the brief hearing, the court expressed surprise at the high court’s lengthy judgment on the matter. Senior counsel Abhishek Manu Singhvi appeared for Gandhi, and senior advocate Mahesh Jethmalani represented the complainant.
Justice Gavai, at the beginning of the hearing, disclosed his family’s association with the Congress party but clarified that it would not affect his judgment in the case. Both lawyers confirmed that they had no issue with Justice Gavai hearing the matter.
Singhvi argued for an early hearing, pointing out that Gandhi has suffered as an MP and missed two Parliamentary sessions due to the conviction.
The bench accepted his request and scheduled the case for August 4.
Gandhi’s appeal was filed on July 15, after the high court ruled that he had “breached modesty” and his offense involved “moral turpitude” He urged the top court to immediately suspend his conviction, stating that it would stifle free speech, expression, and thought.
In his petition, Gandhi complained that a political speech critical of economic offenders and Prime Minister Narendra Modi had been unjustly deemed an act of moral turpitude, setting a dangerous precedent for political dialogue.
The complainant, BJP leader Purnesh Modi, filed a caveat in the Supreme Court to ensure his side is heard before any orders are passed on Gandhi’s appeal.
Gandhi was convicted on March 23 by a Gujarat magisterial court for his remarks on the Modi surname. The conviction disqualified him as an MP from Kerala’s Wayanad under the Representation of People Act. Despite his jail term being suspended, the conviction prevents him from contesting elections unless it is overturned or suspended by a higher court.
His legal team aims to secure at least a stay on the conviction in the next 10 months, allowing him to contest the 2024 Lok Sabha elections. In his appeal, Gandhi argued that the approach of the judgments mischaracterized his one-line statement and led to his exclusion from political office for eight years. He warned that this could undermine the foundations of democracy by setting an incongruous standard for political speech.