New Delhi/IBNS: The Supreme Court on Friday issued notice to complainant Gujarat BJP legislator Purnesh Modi after hearing the appeal filed by Congress leader Rahul Gandhi challenging the Gujarat High Court's order declining to stay his conviction in the criminal defamation case in which he was sentenced to two years in jail by Surat court over 'Modi surname' remark.

A two-judge bench of the Supreme Court, headed by Justice B R Gavai and also comprising Justice Prashant K Mishra, issued notice to the respondent, Purnesh Modi and sought his detailed response within 10 days on Rahul's appeal.

"We will issue notice, returnable in 10 days, time," the apex court said, and fixed the matter for further hearing on August 4.

During the course of the hearing, Justice Gavai, offered to recuse from the case on the ground that his father has had an association of 40 years with the Congress. He was elected with help from Congress. "My brother is in active politics. You all (parties) take a call," he added.

Senior lawyer Abhishek Manu Singhvi, appearing for Rahul, said, that's a fair comment. "We don't have an issue," he added.

He argued that Rahul has already lost 111 days as an MP from Wayanad constuency and apprehended that EC may announce bypoll soon.

"Rahul could not attend the last Parliament session and now stands to be out of the ongoing session. Please consider granting interim stay on his conviction," he said.

The Congress leader and disqualified Lok Sabha MP had on July 15 knocked on the doors of the Supreme Court challenging the Gujarat High Court's order dismissing his plea to stay his conviction in the criminal defamation case over the 'Modi surname' remark.

He had moved the top court, seeking a stay on the Gujarat HC's verdict dismissing his appeal to stay his conviction in the criminal defamation case over the 'Modi surname.'

Gujarat High Court's Single-judge Justice Hemant M Prachchhak, who had reserved the judgement on May 2, pronounced the verdict on July 7.

[With UNI inputs]