New Delhi (04.08.2023): The Supreme Court in an interim order stayed today conviction of Rahul Gandhi in the criminal defamation case over the 'Modi surname' remark. The defamation case was filed over a remark made by Gandhi during the 2019 Lok Sabha campaign. Referring to persons like Lalit Modi, Nirav Modi, Gandhi had asked "why all thieves have the same surname?"

There is no doubt that utterances are not in good taste, the person in public life is expected to exercise caution while making public speeches, said Supreme Court. While granting relief to the Congress leader, the SC observed that the ramifications of the trial court's order are wide. "Not only was Gandhi's right to continue in public life affected but also that of the electorate who elected him," it noted.

On March 23, 2023, the Court of Chief Judicial Magistrate, Surat convicted and sentenced Gandhi to two years imprisonment, following which he was disqualified as a member of Lok Sabha. However, his sentence was suspended, and he was also granted bail on the same day to enable him to move an appeal against his conviction within 30 days.

On April 3, Gandhi approached the Surat Sessions Court assailing his conviction and further seeking a stay on his conviction, which was rejected on April 20. However, Surat Sessions Court on April 3 granted him bail till the disposal of his appeal. Dismissing Gandhi's revision plea, the Gujarat High Court observed that the case against Gandhi concerns a large identifiable class (Modi Community) and not just an individual.

The SC observed today that no reason has been given by the trial court judge for imposing maximum sentence; the order of conviction needs to be stayed pending final adjudication.