The Supreme Court on Monday stayed Rahul Gandhi’s conviction in a defamation case over his Modi surname remark, faulting the trial court order for awarding the maximum punishment of two years — which led to his disqualification from the Lok Sabha — without spelling out any specific reason, though maintaining that his utterance was “not in good taste”. The court's order would restore him as the MP from Wayanad.
Holding that ramifications of Section 8(3) of the Representation of the People Act to bar lawmakers from contesting elections after being sentenced for two or more years, are “wide-ranging” as it affects also the right of the electorate that elected him, a bench of Justices B R Gavai, P S Narasimha and Sanjay Kumar took less than an hour to pass the order in Rahul's favour. The court noted that the trial court sentenced Rahul to two years of imprisonment — the maximum for criminal defamation — but did not lay out the reason, a relevant fact that was overlooked even by the Gujarat high court, which had rejected the Congress functionary’s plea for stay of conviction. It said there was not even “whisper” on this by the trial court.