SC to hear Rahul Gandhi's appeal against Gujarat HC order on August 4

Rahul Gandhi

The Supreme Court on July 21 issued notice in Congress leader Rahul Gandhi's appeal against the Gujarat High Court's judgment refusing to stay his conviction in a criminal defamation case.

The apex court also permitted Purnesh Modi, the complainant in the case to file a response in 10 days from today. The case is now likely to come up for hearing on August 4.

At the beginning of the hearing, Justice BR Gavai, who led the bench informed the lawyers appearing on both the sides that his father was a Member of Parliament and was associated with the Congress party in the past. The judge asked the lawyers if they had any objection to him hearing the case. Senior advocates Mahesh Jethmalai and AM Singhvi who appeared for Modi and Gandhi respectively, told the judge that they had no objection to him hearing the case. The hearing proceeded accordingly.

On July 7, the Gujarat High Court refused to grant a stay on Rahul Gandhi's conviction by a Surat court in a defamation case, as a result of which he continues to be disqualified from Parliament.

The former Congress leader was found guilty of defamation for the "all thieves have Modi surname" remark allegedly made during the campaign for the 2019 elections.

On March 23, 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 also continue to be disqualified from the electoral process for six years after release from prison. In Gandhi's case, the conviction, if upheld, will disqualify him for eight years.

Gandhi will have to obtain a stay on his conviction to be reinstated as a member of the Lok Sabha. Days after Gandhi’s disqualification, a plea was moved in the Supreme Court, challenging the validity of the provision under which he was disqualified.

On April 20, a sessions court in Surat refused to stay Gandhi's conviction, an appeal was filed against the order in the High Court, which concluded the hearing on May 2 and refused relief on July 7.