Modi Surname Defamation Case: Rahul Gandhi Moves SC, Challenges Gujarat HC's Order on His Conviction

Congress leader Rahul Gandhi on Saturday approached the Supreme Court seeking a stay on his conviction in the 2019 defamation case. In the plea, Gandhi challenges the Gujarat High Court’s order last week, requested the apex court to suspend his conviction and grant him relief in the Purnesh Modi defamation case.

Legal sources told CNN-News18 that the matter is expected to be brought before the top court on July 17. “Rahul Gandhi is likely to request an urgent hearing for his plea seeking a stay on his conviction,” they said.

On July 7, the Gujarat High Court declined to grant a stay on the conviction and two-year sentence imposed on Congress leader Rahul Gandhi in a defamation case. The sentence, which represents the maximum penalty for defamation, led to Gandhi’s disqualification from the Lok Sabha.

While dismissing the plea, Gujarat high court judge, Justice Hemant Prachchhak noted that Rahul Gandhi is currently facing 10 cases across India, and affirmed that the lower court’s conviction of the Congress leader was “just, proper and legal”. The High Court further stated that there are no reasonable grounds to grant a stay on the conviction.

In March, Rahul Gandhi was convicted by the magisterial court for his comments about the surname ‘Modi’. The criminal defamation case was filed in response to a remark made by Gandhi during the 2019 Lok Sabha campaign. In his statement, Gandhi questioned the common surname among individuals like Lalit Modi and Nirav Modi, asking, “Why do all thieves have the same surname?”

However, Gandhi’s sentence was later suspended and he was granted bail on the same day, allowing him to file an appeal against his conviction within the designated 30-day period.

Purnesh Modi’s Caveat in SC

July 7, BJP MLA Purnesh Modi, who is the complainant in the defamation case against Rahul Gandhi, took the proactive step of filing a caveat in the Supreme Court. The purpose of this caveat is to ensure that he is given an opportunity to be heard if Rahul Gandhi moves a plea challenging the high court’s decision to not grant a stay on his conviction in the case.

A caveat is typically filed by a litigant in an appellate court to request a chance to present their arguments before any order is passed on the opponent’s appeal challenging the lower court’s judgment or order.

In 2019, Purnesh Modi, a former minister in the Gujarat government, filed a criminal defamation case against Rahul Gandhi based on his remark made during an election rally in Kolar, Karnataka, on April 13, 2019.

Subsequent to this, another complaint was filed against Rahul Gandhi in a Pune court by the grandson of Hindutva ideologue VD Savarkar for his alleged defamatory remarks against Veer Savarkar at Cambridge. Additionally, a separate complaint was filed against him in a Lucknow court.