Defamation case: SC stays Rahul Gandhi's conviction, paves way for his return as MP

Rahul Gandhi

The Supreme Court on August 4 stayed the conviction of Congress leader Rahul Gandhi in a defamation case over his Modi surname remark during the campaign for the 2019 elections, clearing his way to return to the Lok Sabha and also keeping his hopes of contesting the next year's election alive.

The court said the judgment convicting Gandhi, who was elected to the Lok Sabha from  Kerala's Wayanad constituency, did not state the reason why the maximum sentence of two years was imposed on him.

The offence was non-compoundable and bailable, the country's top court  said, a decision hailed by Gandhi and his party colleagues as the victory of truth.

"Courts have spent a lot of pages while rejecting the application for stay of conviction, however, they have given no reasons," the court said, adding the ramifications of the judgment were not just for Gandhi but also the electorate of the constituency he represented.

Gandhi's utterances were not in good taste and he should have exercised a degree of caution, the court said.

In March 2023, the former Congress president was found guilty of defamation for his alleged "all thieves have Modi surname" remark in 2019. Gandhi was convicted by the chief judicial magistrate of Surat and sentenced to two years in prison. The next day he was disqualified from the Lok Sabha.

According to the Representation of the People Act of 1951, MPs and MLAs are disqualified the moment they are convicted of an offence punished by imprisonment of two years or more. They continue to be disqualified from the electoral process for six years after their release from prison.

In Gandhi's case, the conviction, if upheld, will disqualify him for eight years.

On July 7, the Gujarat High Court refused to stay Gandhi's conviction after which he moved the top court.