The Supreme Court on Friday issued a notice to the Gujarat government in response to a petition filed by Congress leader Rahul Gandhi challenging his conviction in a criminal defamation case. The court, however, did not entertain Gandhi's request for an "interim suspension" of his conviction, which could lead to his disqualification as a Member of Parliament.
The case stems from a remark made by Gandhi during a rally in Kolar, Karnataka, in April 2019. Gandhi had referred to fugitive businessmen Nirav Modi and Lalit Modi and said, "How come all the thieves have Modi as the common surname?"
Purnesh Modi, a BJP MLA from Surat, Gujarat, filed a defamation complaint against Gandhi in response to this remark. In March 2023, a Surat court convicted Gandhi and sentenced him to two years in prison. The court suspended the sentence for 30 days to allow Gandhi to appeal the conviction.
Gandhi appealed the conviction to the Gujarat High Court, but the court upheld the conviction in July 2023. The court ruled that Gandhi's remark was "defamatory" and that it "breached the modesty" of the Modi surname.
Gandhi then filed a petition in the Supreme Court challenging the Gujarat High Court's judgment. In his petition, Gandhi argued that his remark was made in the context of a political debate and that it was protected by the right to free speech. He also argued that the Gujarat High Court's judgment would "throttling of free speech, free expression, free thought, and the free statement."
The Supreme Court on Friday issued a notice to the Gujarat government in response to Gandhi's petition. The court asked the Gujarat government to file its response within three weeks. The court also did not entertain Gandhi's request for an "interim suspension" of his conviction.
The court's decision not to entertain Gandhi's request for an "interim suspension" of his conviction means that he remains disqualified from being a Member of Parliament. This could have a significant impact on the upcoming Gujarat Assembly elections, which are scheduled to be held in December 2023. Gandhi is seen as a key campaigner for the Congress party in Gujarat.
The Supreme Court's hearing on Gandhi's defamation case is likely to be closely watched by political observers. The case has the potential to set a precedent on the limits of free speech in India.
