The Supreme Court bench comprising of Justices BR Gavai and Prashant Kumar Mishra has issued notice in the petition filed by Rahul Gandhi and kept the matter on 04th August, 2023.

Earlier Justice BR Gavai expressed his concern that his father has been associated with Congress and his brother has also been in Congress but he has been a judge for more than 20 years. If any of the party says he could recuse and list before another bench. On this both the sides agreed to hear the latter by the bench having faith in him.

Sr. Adv. Dr. Abhishk Manu Singhvi appeared for Rahul Gandhi and Sr. Adv Mahesh Jethmalani appeared for the complainant Purnesh Modi.

The Supreme Court granted 10 days time to the complainant and State to file their affidavit and documents as it was prayed for by Mr. Jethmalani.

It was also argued by Dr. Singhvi that there is urgency in the matter since 141 days have passed and the Election Commission could come with a by-election for the Vaynad Seat anytime after 6 months. He said Gandhi has already lost one session of parliament and would lose the second one which is now scheduled.

At the end of the board on the lighter side, Justice Gavai said that my father had been associated with the fathers of both Dr. Singhvi and Mr. Jethmalani.

Earlier the Gujarat High Court had refused to stay the conviction of the congress leader.

Single-judge of Gujarat High Court Justice Hemant Prachchhak said that staying conviction is not a rule and the same must only be exercised in rare cases.

The Gujarat High Court has acknowledged the existence of 10 additional criminal defamation complaints against Gandhi. The court further stated that the order issued by the sessions court did not warrant any interference in the matter.

The HC had said ''He is seeking a stay on conviction on absolutely non-existent grounds. Stay on conviction is not a rule. As many as 10 cases are pending against Gandhi".

In May, Justice Prachchhak, while hearing Gandhi's plea, had refused to grant any interim relief saying it will pass a final order after the summer vacation, which ended three weeks back.

During a hearing on April 29, Gandhi's lawyer had argued that a maximum punishment of two years for a bailable, non-cognisable offence meant his client could lose his Lok Sabha seat "permanently and irreversibly", which was a "very serious additional irreversible consequence to the person and the constituency he represents".