"Insufficient reasons given for two-year punishment...": Advocate Mahesh Jethmalani on SC staying Rahul Gandhi's conviction

New Delhi [India], August 4 : Senior advocate Mahesh Jethmalani who was appearing for the complainant and Rajya Sabha MP Purnesh Modi in the 'Modi surname' defamation case said that the top court believed that insufficient reasons were given for the two-year punishment that was earlier pronounced by the lower court.
Speaking to ANI, Mahesh Jethmalani said, "...Today the Court stayed the conviction. The Court said that insufficient reasons were given for the two-year punishment that was earlier pronounced. It said that sufficient reasons should have been given for maximum punishment. So the court believed that there is some lacunae in the pronouncement of the punishment."
The senior advocate said that though the court stayed Rahul Gandhi's conviction, he is still a convict in the eyes of the law. Only the consequences of his conviction have been stayed by the court, he added.
"Though the Court stayed the conviction today, in the eyes of law he is still a convict. 'Stay' means that the consequences of conviction - like disqualification - will be stayed because, like I said, the reasons were not sufficient." Mahesh Jethmalani said.
Speaking about the way forward for Purnesh Modi, Jethmalani said, "But now, there will be an appeal in the sessions court. The ruling of the magistrates' court is correct for both sentencing and conviction but due to the 'stay', he can return to the Parliament."
Giving hope that Rahul Gandhi will be established as guilty going forward, Jethmalani said, "...Fact of the matter is that he (Rahul Gandhi) is a convict and when the case goes on, I hope, he will be established as guilty."
The senior advocate also said that enough evidence has been presented against Rahul Gandhi and he will not be cleared of conviction.
"I can't say what sentence will the Sessions Court pronounce - 2 years or lesser or fine. But the evidence that has been presented is so strong that he will not be cleared of conviction," Jethmalani said.
In a relief to Congress leader Rahul Gandhi, the Supreme Court, in an interim order on Friday, stayed his conviction in the criminal defamation case over the 'Modi surname' remark.
The apex court issued notices to the Gujarat government and the complainant in July on an appeal of the Congress leader challenging the Gujarat High Court order. The Gujarat HC had in its order declined to stay his conviction in the criminal defamation case in which Rahul Gandhi was sentenced to two years in jail by the Surat court over the 'Modi surname' remark.
After his conviction in the case, Gandhi was disqualified as MP from Kerala’s Wayanad on March 24. Earlier in March, a magisterial court convicted Rahul Gandhi for his ‘Modi’ surname remarks ahead of the 2019 national polls.