New Delhi/IBNS: Congress leader Rahul Gandhi Wednesday requested the Supreme Court to stay his two-year conviction in the 'Modi' surname case and enable him to participate in the ongoing sittings of the Lok Sabha and sessions thereafter.

The case dates back to 2019, when in a dig at Prime Minister Narendra Modi, Rahul at a rally in Karnataka's Kolar had said, "How come all the thieves have Modi as the common surname?"

While maintaining that he is not guilty, Rahul filed an affidavit before the top court stating that the "conviction is unsustainable" and that if he had to apologise and compound the offence, "he would have done it much earlier".

The complainant, Gujarat BJP MLA Purnesh Ishwarbhai Modi, in his reply before the Supreme Court, called Rahul 'arrogant' as the Congress leader has refused to apologise, stated Rahul's affidavit.

"Using the criminal process and the consequences under the Representation of Peoples Act to 'arm twist' Mr Gandhi into apologising for no fault, is a gross abuse of the judicial process and ought not to be countenanced by this court," the affidavit read.

It stated that Rahul has an 'exceptional' case considering the offence being a trivial offence, and the irreparable harm that accrues to him as an elected MP.

"On the other hand, there is no prejudice caused at all to the complainant. It is therefore prayed for that the conviction of Gandhi be stayed, enabling him to participate in the ongoing sittings of the Lok Sabha and the sessions thereafter," it read.

The complainant in Rahul Gandhi's criminal defamation case in which he was convicted and sentenced to two years in jail by the Surat court over the 'Modi surname' remark, Monday told the Supreme Court that the attitude of the Congress leader reveals arrogant entitlement and he doesn't deserve any relief in form of stay on his conviction.

"At the time of sentencing before the Trial Court, the Petitioner, far from being repentant or contrite, displayed arrogance. He said he did not seek any mercy from the court and would not apologise for any harm to the reputation of the persons he had defamed. Subsequent to the order of conviction and sentence, in a press conference, the petitioner said that he would never apologise in this case as he was not a Savarkar, but a Gandhi," stated the affidavit filed by Purnesh Ishwarbhai Modi.

Earlier, the apex court sought a response from the Gujarat Government and the complainant on an appeal of Rahul Gandhi challenging the high court order which declined to stay his conviction in the criminal defamation case.

After his conviction in the case, the former Congress president was declared disqualified as MP from Kerala's Wayanad on March 24 following notification of the Lok Sabha Secretariat.

Rahul was sentenced to two years' imprisonment which disqualified him as an MP under the rigours of the Representation of People Act.