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The top court said that the trial court did not give reason to justify maximum sentence of two years to Rahul which resulted in his diqualification as MP.
‘Ramifications of the trial court’s order are wide. Not only was Rahul Gandhi’s right to continue in public life affected but also that of the electorate who elected him,” the apex court said.
It was hearing an appeal filed by Congress leader Rahul Gandhi challenging Gujarat high court order which declined to stay his conviction in the criminal defamation case over his ‘Modi surname’ remarks.
The Supreme Court, however, observed that the statement made by Rahul was not in good taste and people holding public office should maintain restrain and caution.
“There is no doubt that utterances are not in good taste, person in public life is expected to exercise caution while making public speeches. He (Rahul Gandhi) ought to have been more careful, the top court added.
The Congress hailed the Supreme Court ruling staying Rahul’s conviction calling the judgment a strong vindication of truth and asserting that “no force can silence the voice of the people”. The party described it as a “victory of love over hate”.
Congress general secretary Randeep Surjewala also hailed the ruling, saying justice has prevailed. “The roar of truth will be heard again the halls of democracy!” he said.
Appearing for Rahul, senior advocate told the Supreme Court that the Congress leader is not a hardened criminal and there is no conviction in any case despite several cases filed against him by BJP workers.
“In democracy we have dissent, in democracy we have disagreement. What we call ‘shaleen bhasha’. Rahul Gandhi is not a hardened criminal. There are many cases filed by BJP workers, but there was never any conviction. Rahul has already missed two sessions of the Parliament,” Singhvi said.
He also told the Supreme Court that the original surname of former Gujarat minister Purnesh Modi, who filed the defamation case against the former Congress president, is not Modi. “Purnesh Modi’s original surname is not Modi. He belongs to Modh Vanika Samaj,” the senior advocate told a three-judge bench of Justices BR Gavai, P S Narasimha and Sanjay Kumar.
Purnesh Modi had filed a criminal defamation case in 2019 against Rahul Gandhi over his “How come all thieves have Modi as the common surname?” remark made during an election rally in Kolar in Karnataka on April 13, 2019.
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