Rahul Gandhi defamation case: SC issues notice to Gujarat govt, next hearing on August 4

The Supreme Court on Friday issued notice to the Gujarat government in the case related to Rahul Gandhi’s criminal defamation over a 'Modi surname' remark. Earlier this month, the Gujarat HC declined to stay Gandhi’s conviction in the criminal defamation case, and had stated that the offence committed by the accused falls in the category of "moral turpitude”. It added that the “need of the hour” is to “have purity in politics”.

Gandhi had filed a plea challenging the Gujarat High Court order and said that if the judgment is not stayed, it would lead to throttling of free speech, expression, thought, and statement.  The appeal was filed on July 15 after the Gujarat High Court dealt a blow to Gandhi’s endeavour to revive his Lok Sabha membership. 

The apex court also served a notice on BJP’s Surat West MLA Purnesh Modi — the complainant in the case — only to waive it later owing to his representation in the court. 

The matter will be next heard on August 4.

The apex court said limited question at this stage is whether the conviction deserves to be suspended.

In 2019, Purnesh Modi, a former minister in the Gujarat government, had filed a criminal defamation case against Gandhi over his “How come all thieves have Modi as the common surname” remark made during an election rally at Kolar in Karnataka on April 13, 2019. 

On March 23, a Gujarat magisterial court convicted Gandhi for his remarks. Following the verdict, the Congress leader was sentenced to two years’ imprisonment that disqualified him as an MP under the Representation of People Act.  

Gandhi was declared disqualified as MP from Kerala’s Wayanad on March 24, following a notification of the Lok Sabha Secretariat.