Big relief for Rahul Gandhi as SC stays his conviction

New Delhi: After over four months of court drama, Congress leader Rahul Gandhi has finally got a major relief from the highest court of the country as Supreme Court on Friday stayed the conviction of Congress leader in the criminal defamation case against him over his ‘Modi surname’ remark, while maintaining that his remarks are not in good taste, especially for a person in public life.

The Lok Sabha Speaker can now revive his membership on his own or Gandhi, armed with the apex court order, can seek restoration of his status as an MP.

However, even after several hours of the SC verdict and the release of the order on the website of the Supreme Court, no decision has yet been taken by the Lok Sabha secretariat for revoking the suspension of Rahul Gandhi. According to sources, it has been learnt that the Speaker may revoke the suspension after taking legal opinion.

“Truth always triumphs, if not today then tomorrow or the day after. I thank people for their support,” Gandhi said at a Press conference after the Supreme Court verdict. Taking to social media, Gandhi said, “Come what may, my duty remains the same. Protect the idea of India”.

After the SC verdict, the Congress leader is now eligible to contest elections and if suspension is revoked at earliest by Monday, he would be able to attend the remaining days of the Monsoon Session of the Parliament and participate in the non-confidence motion debate, which is scheduled to start from August 8-10.

On the top court judgement, party president Mallikarjun Kharge said that this victory was not just for Gandhi but for the people of the country and democracy. Kharge, however, also wondered how much time it will now take to reinstate Gandhi as it had taken just 24 hours after his conviction for disqualifying him from Lok Sabha.

In its verdict, the top court said that when an offence is non-cognizable, bailable and compoundable, the least that the trial Judge (sessions court judge) was expected to do was to give some reasons as to why, in the facts and circumstances, he found it necessary to impose the maximum sentence of two years.

“Except the admonition by Supreme Court in a contempt case, no other reason has been granted for this (conviction) by trial judge. It is to be noted only on account of this maximum sentence imposed by trial judge, provisions of sub-section (3) of Section 8 of the Representation of the People Act have come into play.

“Had sentence been a day lesser, provisions would not have been attracted, particularly when an offence is non cognisable, bailable and compoundable. The least the trial court judge was expected to give some reasons to impose maximum sentence. Though appellate court and high court have spent voluminous pages rejecting stay on conviction, these aspects are not considered in their orders,” the bench said.

The apex court said Gandhi’s conviction and subsequent disqualification not only affected his right to continue in public life but also that of the electorate who elected him to represent their constituency.

The order was passed by a Supreme Court bench comprising Justices BR Gavai, PS Narasimha, and Sanjay Kumar. The Gujarat High Court had earlier refused to stay his conviction in the criminal defamation case.

The top court also clarified that the pendency of the present appeal will not come in the way of the appellate court in proceeding further with the appeal, which would be decided on its own merits in accordance with the law.

Lashing out at the BJP, Kharge further said, “BJP’s conspiratorial hounding of Gandhi has been thoroughly exposed. It’s time for them to stop their malicious targeting of Opposition leaders”.

Kharge also observed that “it is high time they (BJP) respect the mandate given by the people and start governing the country, on which they have miserably failed in the last 10 years”.

While quoting Gautama Buddha, Congress general secretary Priyanka Gandhi said, “Three things cannot be long hidden: the sun, the moon, and the truth”.

On the decision, Congress general secretary, Communication Jairam Ramesh said, “the decision of the Supreme Court is an affirmation of truth and justice”.

“Despite the relentless efforts of the BJPs machinery, Rahul Gandhi has refused to bend, break or bow, choosing instead to place his faith in the judicial process”, Ramesh said. Hailing the decision, Congress MP Ranjeet Ranjan said, “We welcome the Supreme Court’s verdict of staying our leader Rahul Gandhi’s conviction. It’s been proved that justice has prevailed, and no force can silence the voice of the people”.