Notice served by Supreme Court to Gujarat govt on Rahul Gandhi plea challenging HC order

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• Jul 21, 2023 | Poonam Nath

In response to a petition by Congress leader Rahul Gandhi arguing against the Gujarat High Court's decision to deny a stay of his...

Digital Desk: On Friday, the Gujarat government received notice from the Supreme Court in response to a petition from Congressman Rahul Gandhi challenging the Gujarat High Court's decision to deny a stay of execution for his conviction in a criminal defamation case.

The next hearing date was set for August 4 by a court panel composed of Justices B R Gavai and P K Mishra.

The court turned down Senior Advocate A M Singhvi's request for an "interim suspension" of the conviction even though he was representing Rahul Gandhi.

Justice Gavai informed the parties right away that his father had a long record of involvement with Congress and requested them to decide whether or not he should hear the case.

"My father was closely involved with Congress even though he did not serve in the House of Representatives. He spent more than 40 years working with Congress. He had served as a legislator and a member of parliament with the backing of the Congress, and my brother is still active in politics and connected to the Congress. Therefore, in light of the circumstances, you must decide whether or not I should consider the case," said Justice Gavai.

Speaking on behalf of the complainant Purnesh Modi, senior attorney Mahesh Jethmalani stated, "We have no objection."

Justice Gavai continued, "That time itself I had said I have a political background and I have been a judge for more than 20 years but it has never affected my (judgement)... In the case of Madras High Court judge Victoria Gowri, whose political links were questioned. So, you decide whether or not I should bring up this issue."

Rahul Gandhi "has suffered 111 days, according to Singhvi. "He lost one session of Parliament, and he is losing the next. Technically, elections for the Wayanad constituency can be announced at any time...," he continued.

According to Singhvi, the complainant "would be interested in the offence, he cannot be interested in the technical sense of the disqualification."

"The limited question here is whether the conviction deserves to be suspended or not," Justice Gavai stated.

Singhvi then requested that the court give him the earliest date or take into account an interim suspension. "If your Lordships can consider an interim suspension or give the shortest possible date," he asked in his submission.

However, the bench chose not to discuss it "at this stage".

Gandhi's conviction was upheld on July 7, despite the Gujarat High Court's views that "the offence committed by the accused falls in the category of moral turpitude" and that "purity in politics" is "the need of the hour."

The case hearing will again take place on August 4.