Manas Dasgupta
NEW DELHI, Aug 4: Soon after the Supreme Court stayed his conviction, the former Congress president Rahul Gandhi on Friday said his “path is clear” and was also clear in his mind what was his next task.
“Come what may, my duty remains the same. Protect the idea of India,” Gandhi tweeted – his first reaction after the top court overturned a lower court order over his “Modi surname” comments at an election rally in 2019 which led to his disqualification as an MP.
Later speaking to the media at the party headquarters with party chief Mallikarjun Kharge, Gandhi said, “My path is clear. I have clarity about what I need to do. I am thankful for all the support.” “Aaj nahi toh kal, kal nahi toh parson sachai ki jeet hoti hai (If not today, tomorrow truth will triumph). But my path is clear. I have clarity in my mind that what I have to do and what is my work. I thank the people who helped us. I also thank the people for their love and support”, Gandhi said.
Democracy has won, Kharge said, adding, “Rahul Gandhi fights for truth, for India’s development, against price rise, for creating awareness. He walked over 4,000 km from Kashmir to Kanyakumari and met people from all walks of life. I think we are showered with blessings of people of India and got us this relief.”
Taking a swipe at the ruling BJP, Kharge said, “It took them less than 24 hours to disqualify him. Now let’s see how long it takes to reinstate him. The distance between the Supreme Court and parliament is less than the distance between Surat and parliament,” Kharge said.
Congress leader Abhishek Manu Singhvi, who was Gandhi’s advocate in the apex court, said, “It is the victory of truth and valour. We hope the BJP will shut down its special department that only targets other leaders and engages in mischief. We are ready and eager to listen to Rahul Gandhi on issues of common people.”
Rahul Gandhi had in April told the Surat sessions court that his conviction by the magisterial court in the 2019 defamation case was erroneous, patently perverse, and he was sentenced in a manner so as to attract disqualification as a Member of Parliament. He had said he was treated harshly by the trial court, which was “overwhelmingly influenced” by his status as an MP.
This was Rahul Gandhi’s last chance before acquittal, and will allow him to attend the parliament and contest elections, his lawyer earlier argued in the court, adding that the Gujarat High Court had reserved its judgement for 66 days, and due to its refusal to stay the conviction in the case, Gandhi has already lost two Parliament sessions.
The complainant in the case, the BJP Member of the Gujarat Assembly and a former minister Purnesh Modi, said he welcomed the apex court verdict and would continue to fight the legal battle in the Surat sessions court. Purnesh Modi had on Monday sought the dismissal of Gandhi’s appeal in the Supreme Court against his conviction, saying he has defamed all those bearing the Modi surname, particularly people belonging to the ‘Modh Vanik’ caste of Gujarat.
“In 2019, then Congress President Rahul Gandhi at Kolar, 100 km from Bengaluru in Karnataka, insulted all those who bear the Modi name and surname, or are from the Modi caste or community — a big constituent of the Other Backward Classes,” Modi reiterated after the apex court order. He also laid out a timeline of the case, pointing out they had favourable judgements at lower courts.
“We filed a petition at a trial court in Surat. The court sentenced him to two years in prison after all legal proceedings, in 2023. Rahul Gandhi filed a petition in the Surat Sessions Court for a stay on conviction, but his request was denied. The judgement was in our favour. He then went to the High Court, which also denied stay on conviction, and the judgement was in our favour,” he said.
In his written reply to Gandhi’s appeal in the top court on Monday, Purnesh Modi had said, “It is a settled law that stay of conviction is granted in the rarest of rare cases for exceptional reasons. The Petitioner’s (Rahul Gandhi) case manifestly does not fall in that category. Moreover, it is respectfully submitted that the order of conviction of the Petitioner by the Trial Court is unimpeachable on the evidence-on-record.”