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BIG STORY AUGUST 11, 2023 | The Indian Eye 4

RAHUL GANDHI

BIG RELIEF

FOR NOW

The Supreme Court stays the conviction of the Congress leader

in a defamation case. He may now return to the Parliament.
But what will happen in several similar cases against him across the country?

OUR BUREAU the sentence been a day lesser, provi-
sions would not have been attracted,”
New Delhi
the bench stated in its order.
n a major decision on Friday, the When the offence is non-cog-
Supreme Court of India stayed nizable, bailable, or compoundable,
Ithe conviction of Congress leader the trial judge is expected to give
Rahul Gandhi in the criminal defa- reasons for imposing maximum sen-
mation case over the ‘Modi surname’ tence, it added.
remark while saying that person in The apex court was hearing the
public life is expected to exercise cau- appeal of Congress leader Rahul
tion while making public speeches. Gandhi against the Gujarat High
Rahul Gandhi was sentenced to two Court order declining to stay Gand-
years’ imprisonment which disqual- hi’s conviction in the case. Appear-
ified him as an MP under the rigors ing for Gandhi, senior advocate
of the Representation of People Act. Abhishek Manu Singhvi told the
After his conviction in the case, bench that the case was non-cogniza-
Gandhi was declared disqualified ble, bailable, and compoundable of-
as MP from Kerala’s Wayanad on fence and the offence was not against
March 24 following notification of society, not kidnapping, rape, or mur-
the Lok Sabha Secretariat. der. He asked how can this become
A bench headed by Justice BR an offence involving moral turpitude.
Gavai said no reason has been given Gandhi is not a hardened crimi-
by the trial court judge for imposing nal and there are many cases filed by
maximum sentence, and “order of BJP Karyakartas but was never any
conviction needs to be stayed pending conviction, he said. He further added
final adjudication”. The apex court that Gandhi has already missed two
while granting relief to Gandhi said sessions of the Parliament.
the ramifications of the trial court’s Senior advocate Mahesh Jeth-
order are wide. Not only was Gand- malani appearing for complainant
hi’s right to continue in public life af- Purnesh Modi argued Gandhi
fected but also that of the electorate through his speech defamed the en-
who elected him, the bench said. tire class, just because it matches that
The bench also said there is no of the Prime Minister. During the
doubt that the utterances of Gandhi hearing, the bench said there is no
were “not in good taste” and “person Congress party president Mallikarjun Kharge shows victory sign while celebrating with party whisper by the trial court judge about
in public life expected to exercise cau- leader Rahul Gandhi during a press conference in New Delhi on Friday (ANI) the need to grant a maximum sen-
tion while making public speeches”. tence to Gandhi.
The top court further said that Gand- for the admonition by Supreme the sentence. It is to be noted only on The bench asked whether the
hi ought to have been more careful. Court, no other reason has been account of this maximum sentence, Constituency being unrepresented is
“Trial judge has awarded maxi- granted for this by the trial judge for- provisions of the Representation of a relevant factor. It observed that it’s
mum sentence of two years. Except warding a maximum of two years of People Act have come into play. Had Continued on next page... >>

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