Rahul Gandhi’s conviction raises questions on disqualification court verdict draws mixed reactions
- On Thursday, a court in Surat, Gujarat found Rahul Gandhi, a leader in Congress, guilty of criminal defamation in relation to his comments about Prime Minister Narendra Modi’s surname in 2019. As a result, he was sentenced to two years in prison. However, he was granted bail and his sentence was suspended for 30 days to allow him to appeal the decision.
- The Surat District Court has delivered its verdict on the case involving Rahul Gandhi’s alleged comments regarding the common surname ‘Modi’. The comments were made during a rally in Kolar, Karnataka, prior to the 2019 Lok Sabha election, and were the subject of a complaint filed by BJP MLA and former Gujarat minister Purnesh Modi. After hearing final arguments from both sides last week, the court of Chief Judicial Magistrate HH Varma scheduled March 23 to announce its verdict in the defamation case, which has been ongoing for four years.
- Purnesh Modi, a former Gujarat minister and BJP MLA, filed the case against Mr Gandhi for his statement made during a rally in Karnataka prior to the 2019 Lok Sabha elections. Mr Gandhi targeted Prime Minister Narendra Modi’s surname, which is shared with fugitive businessmen Nirav Modi and Lalit Modi, by stating “How come all thieves have the common surname Modi?” as a part of his speech.
- Following the verdict, Mr Gandhi made his first statement by quoting Mahatma Gandhi. In a tweet written in Hindi, he stated “My religion is based on truth and non-violence. Truth is my God, non-violence is the means to achieve it.”
- Priyanka Gandhi Vadra, also a leader in Congress and Rahul Gandhi’s sister, took to Twitter to express her thoughts on the verdict. She stated that the ruling government is using all measures to suppress Rahul Gandhi’s voice, but he has never been intimidated, and he will continue to speak the truth and raise his voice for the people of the country. She added that the power of truth and the love of millions of people in the country is with him.
- Mr. Gandhi arrived in Surat earlier in the day to hear the verdict and was welcomed by senior leaders of the Congress’s Gujarat unit. Later in the evening, he returned to Delhi. In a display of support and solidarity, supporters and party members gathered at various locations in Surat, holding posters praising him as the ‘Sher-e-Hindustan’ (Lion of India) and displaying placards declaring that the Congress will not bow before the dictatorship of the BJP.
- The court of Chief Judicial Magistrate HH Varma had last week concluded hearing final arguments from both sides and said it was ready to pronounce its judgment in the four-year-old defamation case, Mr Gandhi’s lawyer Kirit Panwala had said.
- “Truth is put to test and is harassed, but truth alone prevails. Several false cases have been filed against Gandhi, but he will emerge from all these. We will get justice,” said senior Congress leader and MLA Arjun Modhwadia on Thursday.
- The court of Chief Judicial Magistrate HH Varma had concluded the final arguments from both sides last week and was ready to deliver its verdict in the four-year-old defamation case, as per Mr Gandhi’s lawyer Kirit Panwala. Senior Congress leader and MLA Arjun Modhwadia expressed confidence in the truth, stating that it is often tested and harassed, but it prevails in the end. He added that many false cases have been filed against Mr Gandhi, but he will emerge victorious in all of them, and they will get justice.
- Mr Gandhi last appeared before the Surat court in October 2021 to record his statement in the case. BJP MLA Purnesh Modi, in his complaint, alleged that Mr Gandhi defamed the entire Modi community during a poll rally in 2019.
- Union Law Minister Kiren Rijiju commented outside of Parliament that he would withhold any comments until he reviewed the details of the court’s decision. Rijiju added that Rahul Gandhi’s statements often have a negative impact on both the Congress party and the nation as a whole, according to some Congress MPs who have spoken to him about the matter. This follows the earlier announcement today that Rahul Gandhi, a leader within the Congress party, has been found guilty by a court in Surat for a 2019 criminal defamation case related to his alleged use of ‘Modi surname’ remarks.
- Opposition leaders, such as Delhi and Jharkhand Chief Ministers Arvind Kejriwal and Hemant Soren, have seized upon the court’s verdict as a rallying point for protests against the order. Meanwhile, the Bharatiya Janata Party (BJP) has expressed its approval of the order and criticized Congress President Mallikarjun Kharge for questioning the judgement.
- Under the Representation of Peoples Act, 1951, an elected representative who has been sentenced for a period of two years or more for any offense faces immediate disqualification. However, a provision that previously granted three months of protection from disqualification was deemed ‘ultra vires’ by the Supreme Court in 2013 in the Lily Thomas case. In the case of Rahul Gandhi, the court that found him guilty has suspended his sentence for 30 days, as per his request, to allow him the opportunity to challenge the decision. If Gandhi fails to obtain a stay on the conviction and sentence from another court within this timeframe, he will be disqualified a month later. Although he cannot approach the Gujarat High Court or Supreme Court due to this being a criminal case, a third party could file an appeal on the grounds that the Surat court’s ruling and its procedures are detrimental to the public interest.
- Actor Kamal Haasan expressed his support for Rahul Gandhi during these trying times. Haasan acknowledged that Gandhi has faced numerous challenging and unjust moments in the past, but expressed confidence in the robustness of the judicial system to rectify any discrepancies in the dispensation of justice. He further expressed assurance that Gandhi will receive justice through the appeal process of the Surat Court’s decision. In conclusion, Haasan invoked the motto “Satyameva Jayate,” which means “Truth Alone Triumphs.”
- Pralhad Joshi, the Parliamentary Affairs Minister, has stated that the responses from Congress leaders indicate a lack of respect for the institutions of the country. He emphasized that it is apparent that Congress has little regard for these institutions and has repeatedly demonstrated this. Joshi’s comments were made in response to the verdict delivered by the Surat Court on Rahul Gandhi.
- According to Union Minister Piyush Goyal, Rahul Gandhi must accept the reality that Prime Minister Narendra Modi is presently the most loved, respected, and trusted leader in India and globally. Furthermore, he called for the Congress MP to apologize for his irresponsible and defamatory remarks.
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