Modi surname issue: SC to hear Rahul Gandhi’s plea against Gujarat High Court order

New Delhi: The Supreme Court on Tuesday agreed to hear on July 21 the petition filed by former Congress president Rahul Gandhi against the Gujarat High Court’s decision refusing to stay his conviction in the ‘Modi surname’ defamation case. A bench headed by Chief Justice of India DY Chandrachud directed the matter to be listed on Friday after senior advocate Abhishek Manu Singhvi, appearing for Rahul Gandhi, sought urgent listing of the matter.

Singhvi requested the apex court to list the petition either on Friday (July 21) or Monday (July 24). The court has agreed to list the matter for hearing this Friday. CJI Chandrachud said, “List this Friday.” On 15 July, the Congress leader approached the Supreme Court against the Gujarat High Court order staying his conviction and two-year jail term in a criminal defamation case, which cost the Congress leader his Lok Sabha membership.

A bench of Justice Hemant Prachchak of the High Court had said that staying his conviction would be an exception and not a rule.

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Rahul Gandhi was disqualified as a Member of Parliament in March after a court in Surat convicted him and in April 2019, during an election rally in Karnataka, for his remark “How come Modi is the common surname of all thieves”. Hai” was sentenced to two years in prison. ,

In anticipation, BJP MLA and complainant in the defamation case against Gandhi, Purnesh Modi, filed a caveat in the Supreme Court requesting that the Congress leader be given a chance to present his case if he challenges the High Court’s decision.

Caveat serves as a notice submitted by a litigant to the appellate court, who wishes to be heard in respect of an opponent’s appeal challenging the decision or order made by the lower court Is.

Rahul Gandhi’s 2019 comment was interpreted as an attempt to draw out an underlying connection between Prime Minister Narendra Modi and fugitive businessmen Nirav Modi and Lalit Modi. In March, the Surat sessions court had rejected Rahul Gandhi’s plea seeking suspension of his sentence by a magistrate court, saying his disqualification would not cause him any irreversible damage.

According to legal experts, if the apex court stays Rahul Gandhi’s sentence, it would be enough to restore his Lok Sabha membership. The Congress leader was disqualified under the rule that bars convicted MPs from holding Lok Sabha membership.