The Lok Sabha Secretariat cleared Rahul Gandhi’s return to Parliament. Exactly two days after the Supreme Court stayed his conviction in a criminal defamation case.

Rahul’s status as Wayanad MP is now restored. Curious how this situation may evolve in future?

On August 5, the Supreme Court stayed Rahul’s conviction and sentence. This had been awarded by Chief Judicial Magistrate HH Verma in Surat, Gujarat on March 23, 2023.

Rahul had moved the Sessions Court seeking a stay of the conviction. Under 389 of the Code of Criminal Procedure, an Appellate Court can suspend the sentence of a convicted person who is sentenced to imprisonment of not more than three years. The Sessions Court rejected the plea. Gandhi then moved the HC, which also rejected the plea.

The SC’s stay essentially means that Rahul’s conviction will be kept in abeyance — as though it did not exist. However, this is only till the Appellate Court decides the case.

An appeal against the conviction is pending before the Surat Sessions Court.