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The Supreme Court on Friday stayed the conviction of Rahul Gandhi in a defamation case over his “Modi surname ” remark and said that the trial court judge was expected to give reasons for imposing maximum punishment for a non-cognizable offence. 

The Congress leader was sentenced to two years’ imprisonment by a trial court in Gujarat for his remark – “How come all thieves have Modi as the common surname” – made during an election rally in Karnataka’s Kolar in 2019. After the conviction, he was disqualified as a member of Parliament from Kerala’s Wayanad under the Representation of People Act.

“If a constituency in Parliament goes unrepresented, is it not a relevant ground (to suspend conviction)? No whisper by the trial judge for the need to impose the maximum sentence. Not only the right of one individual is being affected, but the entire electorate of the constituency,” observed the judges.

Soon after the court order, Congress leader in Lok Sabha Adhir Ranjan Chowdhury met Speaker Om Birla and urged him to restore Gandhi’s membership. The Speaker told Chowdhury that he would take a call once his office received the order from the Supreme Court. ‘Truth always triumphs, if not today then tomorrow or the day after. My path is clear. There is clarity in my mind on what I should do and what my job is…,’ Rahul Gandhi said.


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