Today Supreme Court stayed the conviction of Congress leader Rahul Gandhi in defamation case on him for alleged remarks against the Modi surname, which had led to his disqualification as Lok Sabha MP.
A bench of Justices BR Gavai, PS Narasimha and PV Sanjay Kumar, which heard Gandhi’s plea challenging Gujarat High Court order refusing to stay the conviction, noted that the trial court had not given reasons for awarding the maximum punishment of two years to the Congress leader.
Apex court said the offence punishable under sections 498 and 499 of IPC Indian Penal Code is a maximum of two years or fine or both. It added that only because the maximum sentence was awarded, provisions of the Representation of People Act came into play and he was disqualified. The bench said the provision would not have been attracted had the sentence been a day lesser.
