The court said that it will have to hear the other side of the case as well. It has given a time of 10 days to the complainant to file a written response to Rahul Gandhi's petition.
"If observation of judge is taken then no bail plea can be decided pre-trial unless the chargesheet etc is challenged under 226 or 32. To say the least, the High Court finding is perverse," the SC said setting aside the HC order.
Rahul Gandhi contended in his plea that penalising him for what he termed minor defamation charges deprives the constituents of their voice in Parliament and their ability to participate in democratic governance.
The Hindu parties in the case informed the SC that calling the Shivling discovered within the Varanasi Gyanvapi complex a "fountain" amounted to demeaning it and demanded a scientific investigation of the Shivling.
Amicus Curiae KV Viswanathan urged the top court to strike down the amendment in the larger interest of democracy expressing fear that it will be misused by future governments.
The Court also asked the petitioner not to make allegations against any ethnic group. It also stressed that the court proceedings should not be used as a platform to escalate the violence in Manipur.