Rahul Gandhi gets 2-yr jail for 'Modi surname' remark, Congress to contest verdict

Tribune News Service

Aditi Tandon

New Delhi, March 23

A Surat court on Thursday awarded a two-year jail sentence to Rahul Gandhi in a criminal defamation case for his 2019 remarks — “How come all thieves have surname Modi?” The Congress MP now faces immediate disqualification from the Lok Sabha and will remain disqualified unless a higher court stays his conviction.

Temporary bail

• On Thursday, a court in Surat sentenced Rahul to 2-year jail in a 2019 defamation case
• The court granted the Cong MP temporary bail, suspending his sentence for 30 days
• The complaint was lodged by BJP MLA and former Gujarat minister Purnesh Modi

Wide impact

The accused knew the impact his remarks would have on the public as the speech was delivered during an election campaign. — Court in Surat, Gujarat

The conviction of Wayanad MP, for remarks made in Karnataka’s Kolar in the run-up to the 2019 General Election, today triggered a fresh round of political jostling between the ruling BJP and the Congress.

While the BJP sought another apology from Rahul for his “serial defamatory statements”, the Congress termed the developments one more attempt to throttle free speech. It will challenge the Surat judgment in the sessions court, seeking a stay on the conviction.

The court of Chief Judicial Magistrate HH Varma earlier today held Rahul guilty under Sections 499 and 500 of the IPC, granting him temporary bail and suspending his sentence for 30 days. The suspension of sentence however has no bearing on his disqualification from the LS, given the present legal position. Under a July 2013 Supreme Court ruling and Section 8 (3) of the Representation of the People Act, a convicted MP or MLA will be “immediately disqualified from holding House membership if convicted for not less than two years”.

Section 8 (3) of the RPA reads, “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.” Asked if the Lok Sabha Speaker had any discretion in the matter, Congress leader Abhishek Manu Singhvi said, “None unless his conviction is stayed.” He added that “the government would do everything unethical when it comes to Rahul although reasonable time should be given to seek legal recourse”.

Congress sources acknowledged that as per law, Rahul stood disqualified from the LS from the time of conviction, and his disqualification could be reversed only if a higher court stayed the conviction and ultimately quashed it.

The BJP, meanwhile, whipped up a massive storm over the conviction with Defence Minister Rajnath Singh saying, “The Congress MP should realise words hurt more than weapons.” The ruling party fielded minister Piyush Goyal and veteran Ravi Shankar Prasad, who demanded an apology from Rahul for “serial defamatory comments against people, the country and democratic institutions”.

While Rahul reacted to the judgment quoting Mahatma Gandhi: “My religion is based on truth and nonviolence. Truth is my God, and non-violence the means to attain Him,” the BJP hit back, asking if Rahul’s religion meant he should “go around defaming people, defaming the country, its democracy and even its martyrs”.

Both Prasad and Goyal also took on Congress chief Mallikarjun Kharge for his comments today that he was expecting the judgment as “judges were being repeatedly changed (in the Surat case)”. “It is unfortunate that the Congress chief has made comments that amount to contempt of court.”

Prasad said Gandhi’s conviction came after a proper trial and recalled how then Deputy PM LK Advani came out clean from the Babri Masjid demolition trial and then Gujarat CM Narendra Modi faced the courts over Gujarat riots.

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