2 years jail for defamation is unheard of, says SC lawyer Sanjay Hegde on Rahul Gandhi conviction

A Surat court has found Congress leader Rahul Gandhi guilty in a 2019 criminal defamation case filed by former Gujarat minister Purnesh Modi. The case was filed against Rahul Gandhi for targeting Prime Minister Modi for sharing his surname with fugitive businessmen Nirav Modi and Lalit Modi during a rally in Karnataka.

The court sentenced Gandhi to 2 years in jail. But it later approved his bail and suspended the sentence for 30 days to allow him to appeal in a higher court.

Sanjay Hegde, Sr Supreme Court advocate mentioned that right now Rahul Gandhi stands convicted not for defaming a particular ‘Modi’ but for defaming ‘Modis’ in general. He said, “Here the complainant was also a gentleman called Modi. So, what further steps that Rahul Gandhi’s defense team will take — obviously, they will go in and appeal. The question is whether the High Court will stay the conviction, or will it only stay the sentence?”

He added, “Then there are different consequences. If his conviction is stayed then obviously, there can’t be questions of disqualification. But if it's only the sentence that is stayed, then probably from the High Court or it might even land up in the Supreme Court.”

Hegde said this was a rather unusual judgement insofar as the severity of the sentence is concerned. He stated that "two years of punishment in a defamation case is unheard of, he could have been let off with a fine."

He said, “I do not know of any Supreme Court case, which has upheld a sentence of two years, many years ago. So the statute no doubt is there on the statute book. It has been upheld constitutionally, but its application in such a harsh manner is rather unknown.”

The Supreme Court of India had earlier expressed surprise at the sentence given in a defamation case where the punishment was for six months, Hegde said. This showcases the rarity of such a punishment and highlights the severity of the sentence given to Rahul Gandhi.

The High Court will scrutinise whether there was any direct injury as a result of Rahul Gandhi's comments and the severity of the punishment. The court will analyse the facts of the case and take a decision based on the evidence presented before them.

Hegde also stated that "Conviction in defamation cases is very low. Most cases don't reach that stage." Defamation cases in India are often dismissed due to lack of evidence or because they are settled out of court. However, in this case, the court has given a punishment of two years to Rahul Gandhi.