The Gujarat HC for its part had declined to stay his conviction in the criminal defamation case. The case was heard by a three-judge bench of Justices BR Gavai, P S Narasimha and Sanjay Kumar on Friday afternoon.

Here is what the Supreme Court said:

1. The Bench noted that no reason had been was given by the trial court judge while convicting Gandhi except that he was admonished by the apex court in a contempt case. “The least the trial court judge was expected was give some reasons to impose maximum sentence. Though appellate court and high court have spent voluminous pages rejecting stay on conviction, these aspects are not considered in their orders,” the bench said.
2. It noted that the former MP had only been affected by the Representation of People Act due to the imposition of maximum sentence by the trial judge. “Had sentence been a day lesser, provisions would not have been attracted, particularly when an offence is non cognisable, bailable and compoundable,” the Bench noted.
3. The SC also touched upon its earlier order in a contempt case against Gandhi, emphasising the need for ‘a degree of restraint’ while addressing the public. “No doubt the utterances were not in good taste and a person in public life is expected to exercise caution while making public speeches,” the bench added.
4. Gandhi’s conviction has now been ‘stayed pending final adjudication’. Put more simply this means that the conviction will not be operative from the date of stay. This does not however render the conviction non existent, merely non -operative.
5. While it was not explicitly mentioned by the SC, the order will allow Gandhi to return to parliament and contest national elections due next year.

(With inputs from agencies)

Updated: 04 Aug 2023, 04:51 PM IST