The Court observed in the order as follows: "The sentence for an offence punishable under Section 499 of the Indian Penal Code is maximum of two years of sentence or fine or both (…) 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.
The Supreme Court on Friday stayed the conviction of Congress leader and former Member of Parliament (MP) Rahul Gandhi in the criminal defamation case over the "why all thieves have Modi surname" remark. With the stay of his conviction, Rahul Gandhi's disqualification as MP also now remains in abeyance.
The Court observed in the order as follows:
"The sentence for an offence punishable under Section 499 of the Indian Penal Code is maximum of two years of sentence or fine or both. The learned trial judge, in the order passed by him, has awarded the maximum sentence 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".
At the same time, the bench observed that the utterances of Rahul Gandhi were not in "good taste" and said that a person in public life ought to have been more careful while making public speeches.
Considering the wide ramifications of the Section 8(3) affecting not only the right of the petitioner but also the rights of the electorate which elected him in the constituency and also the fact that no reason has been assigned by the trial court to award the maximum sentence, the bench said that it is staying the conviction. The bench refrained from making any observations on the merits of the matter considering the pendency of the appeal.
A three-judge bench of Justices BR Gavai, PS Narasimha, and Sanjay Kumar was hearing Gandhi’s plea challenging the Gujarat High Court's refusal to stay his conviction in a criminal defamation case over 'Modi thieves' remark, which resulted in his disqualification from the Lok Sabha. The apex court issued notice in the Congress leader’s plea last month, on July 21.
The Court observed in the order as follows:
"The sentence for an offence punishable under Section 499 of the Indian Penal Code is maximum of two years of sentence or fine or both. The learned trial judge, in the order passed by him, has awarded the maximum sentence 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".
At the same time, the bench observed that the utterances of Rahul Gandhi were not in "good taste" and said that a person in public life ought to have been more careful while making public speeches.
Considering the wide ramifications of the Section 8(3) affecting not only the right of the petitioner but also the rights of the electorate which elected him in the constituency and also the fact that no reason has been assigned by the trial court to award the maximum sentence, the bench said that it is staying the conviction. The bench refrained from making any observations on the merits of the matter considering the pendency of the appeal.
A three-judge bench of Justices BR Gavai, PS Narasimha, and Sanjay Kumar was hearing Gandhi’s plea challenging the Gujarat High Court's refusal to stay his conviction in a criminal defamation case over 'Modi thieves' remark, which resulted in his disqualification from the Lok Sabha. The apex court issued notice in the Congress leader’s plea last month, on July 21.