Gandhinagar, Jul 21: Supreme Court on Friday (Jul 21) sought a response from the Gujarat government and complainant on an appeal of Congress leader Rahul Gandhi challenging the Gujarat High Court order which declined to stay his conviction in the criminal defamation case in which he was sentenced to two years in jail by Surat court over 'Modi surname' remark.
A bench of Justices BR Gavai and PK Mishra, issuing notice to the government and complainant Purnesh Ishwarbhai Modi, granted ten days time to them to file their responses through affidavit. It has posted the matter on the stay of his conviction for hearing on August 4. At the outset of the hearing, the lead judge of the bench Justice BR Gavai said his father was a politician and had been an MLA and MP with the support of the Congress party and had a close association for more than 40 years.
Justice Gavai offered to recuse from the case saying his father and brother have association with the Congress party. “It is my duty to disclose. everyone should know. My father had been a politician and had been closely associated with Congress for more than four decades. Though he was not a Congress member, he was elected with the help of Congress. My brother is in active politics. If any party had an objection, then I would recuse,” Justice Gavai said. However, both parties said they don’t have any objection to Justice Gavai hearing the matter.
During the brief hearing, Singhvi argued that Gandhi has already lost 111 days as an MP from the Wayanad constituency and apprehended that Election Commission may announce a bypoll soon in the constituency. “He could not attend the last Parliament session and now stands to be out of ongoing session. Please consider granting an interim stay on conviction," Singhvi told the bench.
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