Defamation Case: SC issues notice on Rahul Gandhi’s plea

New Delhi: The Supreme Court on Friday issued notices to the Gujarat government and the complainant on an appeal of Congress leader Rahul Gandhi challenging the Gujarat High Court order. 

The Gujarat HC had earlier in its order declined to stay his conviction in the criminal defamation case in which he was sentenced to two years in jail by the Surat court over the 'Modi surname' remark.

A bench headed by Justice BR Gavai granted ten days time to the parties to file their responses through affidavit. It has posted the matter for hearing on August 4 on the stay of his conviction. 

During the hearing, Justice Gavai offered to recuse from the case saying his father and brother have an association with the Congress party.  However, both parties said they don’t have any objection to Justice Gavai hearing the matter. 

After his conviction in the case, Gandhi was declared disqualified as MP from Kerala’s Wayanad on March 24 following notification of the Lok Sabha Secretariat.  Gandhi was sentenced to two years’ imprisonment which disqualified him as an MP under the rigours of the Representation of People Act. 

Approaching the top court, Gandhi also sought a stay of the Gujarat High Court verdict which upheld his conviction. He said the High Court verdict “has no parallel or precedent in the jurisprudence of the law of defamation”.

He contended that it was “not only curious but extremely significant, indeed sinister, that all earlier cases, including the one regarding the present speech, were filed by members and office bearers of the ruling party”.