The Supreme Court has agreed to hear the plea filed by former Congress President Rahul Gandhi challenging the Gujarat High Court's decision to deny a stay on his conviction in the 'Modi surname' defamation case. On Tuesday, July 18, a bench headed by Chief Justice of India DY Chandrachud directed the listing of the matter for Friday, July 21, after senior advocate Abhishek Manu Singhvi, representing Rahul Gandhi, sought urgent attention. Singhvi requested the court to list the plea either on Friday July 21, or Monday, July 24, and the court has agreed to schedule the matter for hearing this Friday.
Purnesh Modi, a BJP MLA and the complainant in the defamation case against Gandhi, has also filed a caveat in the Supreme Court, requesting an opportunity to present his case if the Congress leader challenges the high court verdict. A caveat acts as a notice submitted to an appellate court by a litigant who wishes to be heard in case any orders are issued regarding an opponent's appeal challenging the lower court's decision or judgment.
Rahul Gandhi had approached the Supreme Court on July 15 to challenge the Gujarat High Court's order denying a stay on his conviction and two-year jail term in the criminal defamation case, which led to his disqualification as a Member of Parliament. The high court bench, led by Justice Hemant Prachchhak, had observed that granting a stay on his conviction would be an exception rather than the rule.
Rahul Gandhi was disqualified as a Member of Parliament in March after a Surat court convicted him and sentenced him to two years in prison for his "How come all thieves have Modi as the common surname" remark made during an election rally in Karnataka in April 2019. Rahul Gandhi's 2019 remark was interpreted as an attempt to draw an implicit connection between Prime Minister Narendra Modi and fugitive businessmen Nirav Modi and Lalit Modi.
In March, the sessions court in Surat had dismissed Rahul Gandhi's plea seeking suspension of his conviction by the magistrate court, stating that his disqualification will not result in an irreversible loss to him. According to legal experts, if the top court stays Rahul Gandhi's conviction, it would be sufficient to restore his Lok Sabha membership. The Congress leader was disqualified under a rule that bars convicted MPs from holding Lok Sabha membership.