Congress leader Rahul Gandhi on Saturday moved the Supreme Court against a Gujarat High Court order that refused to put on hold his conviction and a two-year jail term in a defamation case.
The former Congress chief was convicted in March in a case related to his speech ahead of the 2019 Lok Sabha elections in which he referred to thieves as having the surname Modi. This led to his immediate disqualification as a Lok Sabha MP.
The complainant, Bharatiya Janata Party MLA Purnesh Modi, claimed that Gandhi had defamed 13 crore people living in India with the surname Modi.
On July 7, Justice Hemant Prachchhak of the Gujarat High Court said in his order that a stay on conviction is not a rule but an exemption to be resorted to in rare cases.
Gandhi in his appeal filed on Saturday said that if the verdict is not stayed, it would throttle free speech.
It would contribute to the “systematic, repetitive emasculation of democratic institutions and the consequent strangulation of democracy which would be gravely detrimental to the political climate and future of India”, he argued.
The 53-year-old said his speech, which was critical of economic offenders and Prime Minister Narendra Modi, has been held to be “an act of moral turpitude”, inviting the harshest punishment.
“The phrase ‘moral turpitude’ has been misapplied to a case which is not one relating to any heinous offense [e.g., murder, rape or other immoral activity] and ex facie cannot apply to an offense where the legislature thought it fit to provide for a maximum punishment of only 2 years,” the appeal said. “Such a finding is gravely detrimental to democratic free speech in the midst of a political campaign. It will set a disastrous precedent wiping out any form of political dialogue or debate which is remotely critical in any manner.”
The Congress leader told the Supreme Court that he was elected with a record margin of 4,31,770 votes and a stay on his conviction could pave the way for his reinstatement as a Lok Sabha MP.
He also argued that Purnesh Modi has “neither shown nor been held to be prejudiced or damaged in any specific or personal sense” with his remarks.
“It is ironic that the only persons allegedly defamed out of a supposed defined community of 13 crore persons are those who are office bearers or senior personnel of the ruling Bharatiya Janata Party,” the appeal stated.
Gandhi submitted that a satirical statement made in a political context cannot be characterised as a morally depraved act.
His lawyers are expected to mention the appeal for an early hearing next week.
Also read: Has Rahul Gandhi really defamed all Modis in India? No, say legal experts
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