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Supreme Court Halts Rahul Gandhi's Defamation Conviction, Restores MP Status [Read Order]

By LAWSTREET NEWS NETWORK      04 August, 2023 09:31 PM      0 Comments
Supreme Court Halts Rahul Gandhi's Defamation Conviction, Restores MP Status

NEW DELHI: The Supreme Court on Friday stayed the conviction of Congress leader Rahul Gandhi in a defamation case, while observing that those in public life must exercise greater degree of caution after finding that his utterances were not in good taste.

The top court's order comes as a big relief to Gandhi who would get back his status as Member of Parliament.

A three judge bench presided over by Justice B R Gavai noted the trial court has not given any reason for awarding him maximum sentence of two years which led to his disqualification under Section 8(3) of the Representation of People Act.

The court noted the effect of his conviction wide as his disqualification as an MP from Wayanad constituency in Kerala has affected not only his right but that of the entire electorate.

The bench, however, said he should have been more careful for his remarks made during an election rally at Kolar in Karnataka in 2019.

Gandhi challenged the Gujarat High Court's July 7 decision declining his plea for stay on the conviction relying upon "extraneous and irrelevant factors" like pendency of similar cases against him.

On March 23, 2023, the Chief Judicial Magistrate, Surat had held Gandhi guilty for the offence of defamation and awarded him maximum two-year jail term. His sentence, however, has been suspended pending his appeal before a sessions court.

[Read Order]



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