New Delhi : The Supreme Court stayed Surat court verdict convicting Rahul Gandhi in defamation case over use of “Modi” in a remark during election campaign. The High Court verdict had handed two-year imprisonment in the case.
Rahul clarified in the court that he would not apologise for saying “Why do all thieves go by the name Modi”. In his recent affidavit with the apex court, Rahul said he did not commit a crime and that if he were to skipped conviction by an apology, it would have come early on.
Gujarat BJP Leader Purnesh Modi is the complainant. He submitted his own additional affidavit accusing Rahul of adamance despite humiliating all members of the Modi community.
The Court in its ruling observed as follows :
"The sentence for an offence punishable under Section 499 of the Indian Penal Code is maximum of two years. Except the admonition to the petitioner by this Court in a contempt proceeding, no other reason has been granted by the learned trial judge while imposing the maximum sentence of two years. It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned trial judge that the provisions of Section 8(3) of the Representation of Peoples Act came into play. Had the sentence been a day lesser, then the provisions would not have attracted. Particularly when the offence was non-compoundable, bailable and cognizable, the least which was expected from the learned trial judge was to give reasons for imposing the maximum punishment. Though the learned appellate court and the High Court have spent voluminous pages in rejecting the applications, these aspects are not seen considered”.
Even so, the Bench observed that Rahul Gandhi’s remarks were not in “good taste” and said that a public figure ought to be showing more discretion in use of words.
