Rahul Gandhi’s “Modi surname” remark was extremely disrespectful, and the Supreme Court’s decision to delay his conviction was motivated not by the merits of the case but by concerns about his constituency, according to respected jurist Harish Salve.
The former Solicitor General of India, in an extensive interview with NDTV’s Editor-in-Chief Sanjay Pugalia, said Rahul Gandhi’s statements were unexpected from a public figure of his stature.
“Whether or not Rahul Gandhi should be convicted is a different question.” But your tone is quite rude… you make false accusations and then claim I am in public life…Everyone knows, no matter how much he denies it, that he aspires to be Prime Minister. Is he of sufficient stature to use this?
Is it appropriate for someone of his stature to use such language?” Harish Salve inquired.
“Supreme Court judges said what he said was incorrect, and it is not appropriate to speak in this manner.” However, the conviction was stayed since the constituency should not be left without representation until the outcome of his appeal (against conviction). “That’s why it was stayed, not on the merits,” Mr Salve claimed.
On March 23, Rahul Gandhi was sentenced to two years in prison in Gujarat for his speech during the 2019 Lok Sabha election campaign. Purnesh Modi, a BJP MLA and former Gujarat minister, has brought the Congress leader to court after he said, “How come all thieves have the common surname Modi?”
Soon after his conviction, Rahul Gandhi, the Lok Sabha MP from Wayanad in Kerala, was disqualified. He appealed the order all the way to the Supreme Court, which stayed his conviction since his comments were not in good taste, but his removal from parliament would have an impact on his constituency.
“There is no doubt that the petitioner’s (Rahul Gandhi’s) remarks were not in good taste.” “The petitioner should have been more cautious in making speeches,” the Supreme Court ruled, allowing the Congress leader to return to parliament during the current term.
According to the Supreme Court, the trial judge imposed the maximum term of two years in prison, and Rahul Gandhi would not have been disqualified as an MP if the sentence had been reduced by even one day.
“Because the trial judge provided no reason for imposing the maximum penalty, the order of conviction must be stayed pending final adjudication,” the Supreme Court ruled.
