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Supreme Court Grants Stay on Rahul Gandhi's Conviction for '



  Aug 09, 2023

Supreme Court Stay on Rahul Gandhi's Conviction for 'Modi' Remark


Q: What criminal defamation case is Rahul Gandhi involved in?

A: Rahul Gandhi faced a criminal defamation case for his 'Modi' surname remark allegedly made at a political rally in Karnataka in 2019.
 

Q: What did the Supreme Court do in response to Rahul Gandhi's conviction?

A: The Supreme Court stayed Rahul Gandhi's conviction in the criminal defamation case. A three-judge Bench headed by Justice B.R. Gavai issued the stay order.
 

Q: Why was the conviction stayed?

A: The court found that the trial court judge and the Gujarat High Court failed to provide any reason for giving Rahul Gandhi the maximum sentence of two years' imprisonment. The penal code allowed for options other than imprisonment, such as a fine or both, but the judge insisted on the maximum punishment.
 

Q: What was the impact of the two-year sentence on Rahul Gandhi's parliamentary position?

A: Rahul Gandhi was disqualified as a Member of Parliament (MP) from Parliament for a total of eight years under Section 8(3) of the Representation of the People Act due to the two-year sentence.
 

Q: What does the Supreme Court expect from judges when imposing a maximum sentence?

A: The Supreme Court expects judges to provide reasons for imposing the maximum sentence, especially when the offense is non-cognizable, bailable, and compoundable.
 

Q: How does the Supreme Court view Rahul Gandhi's alleged remarks?

A: The court remarked that if Rahul Gandhi indeed made the remarks, they were "not in good taste." It reminded him of exercising caution while making public speeches, particularly as a person in public life.
 

Q: What will happen during the pendency of the appeal in the Supreme Court?

A: The interim protection of Rahul Gandhi will continue, and the stay order on his conviction will remain in effect while the appeal against the Gujarat High Court's refusal to suspend the conviction is pending in the top court.


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