Last Updated: March 24, 2023, 16:11 IST
Rahul Gandhi attends a Congress Working Committee (CWC) meeting. Reuters/FILE
Explained: Rahul Gandhi’s lawyers argue that a maximum sentence has been handed in criminal defamation against the Congress leader, with no cogent reasons
The News: Congress leader Rahul Gandhi has been disqualified from the Lok Sabha. This comes after a court in Surat sentenced him to two years in jail in a defamation case on Thursday, filed on a complaint by BJP MLA Purnesh Modi for his alleged remark, “How come all thieves have Modi as the common surname?” You can find latest updates on this story here
What Now? There are some legal remedies available to Rahul Gandhi. Read more on that here. Now, after his disqualification, let’s explore some of the legal options that Gandhi’s legal team may take.
What Does Rahul’s Legal Team Say? During the hearing on the quantum of sentence, Gandhi, when asked about the punishment, submitted before the court that he had delivered the speech as per his duty in the interest of the public. The Congress leader also submitted that he has no discrimination against anybody and loves and cherishes all the people of his country.
Gandhi’s lawyer argued for a lesser punishment claiming there was no intention to insult anyone. Gandhi returned from Surat to the national capital in the evening and was accorded a reception at the domestic airport in Delhi on his arrival.
- Sources told News18 that main points of Rahul’s legal team’s arguments:
- They said the order of the Magistrate court has been ridden with errors.
- They also aim to argue that Representation of People’s Act is aimed to curb the criminalisation of politics, and that ‘criminal defamation is being used as a political tool’. They add that the ‘spirit of the RPA, 1951 has been defeated.’
- According to them, a maximum sentence has been handed in criminal defamation against Rahul, with no cogent reasons.
What Legal Options for Rahul Gandhi? Experts told CNN-News18 that Rahul has some legal options:
- The leader can move a sessions court or higher
- That he must seek a stay on his conviction through appeal
- That he can appeal to the President challenging his disqualification, as President has powers under Article 103. The President takes a call after consultation with the Election Commission.
- Read a detailed report on the legal remedies available to Rahul Gandhi here
What Has Happened in Similar Cases? Let’s take a look at similar cases where leaders have been granted relief after conviction from disqualification.
- Mohammad Faizal: On January 13, two days after being convicted in an attempt-to-murder case by the Kavaratti District Court in Lakshadweep, the Lok Sabha Secretariat issued a notification disqualifying Lakshadweep MP Mohammad Faizal. The court convicted four people, including Faizal, to ten years in prison and fined them each Rs one lakh for attempting to murder the son-in-law of late Congress politician and former Union Minister PM Sayeed Mohammed Salih during the 2009 Lok Sabha elections. The conviction, however, was suspended by the Kerala High Court on January 25. The Election Commission also decided to postpone the byelection for the Lakshadweep Lok Sabha constituency, which was scheduled for February 27, as per an Indian Express report.
- Azam Khan: On October 27, 2022, a Rampur MP-MLA court presided over by additional chief judicial magistrate Nishant Maan found Samajwadi Party politician Azam Khan guilty of hate speech in a 2019 case and sentenced him to three years in prison. The Uttar Pradesh Legislative Assembly Secretariat announced Khan’s removal from the House a day later.
- Vikram Saini: Over a month after a Muzaffarnagar special MP-MLA court convicted BJP MLA Vikram Saini to two years in prison for his alleged role in the 2013 Muzaffarnagar riots, the Uttar Pradesh Legislative Assembly issued a notification on November 7, 2022, declaring his Khatauli Assembly seat vacant. The notice stated that the seat would be regarded vacant as of October 11, the day Saini was sentenced to prison, the report says.
Addressing the 2024 Question: Senior Advocate Siddharth Luthra told CNN-News18 that the only option Rahul has to be able to fight the 2024 elections is to challenge his conviction. After seeking a stay on his conviction, he could approach the Lok Sabha speaker asking him to put his disqualification order under abeyance until the deciding of his appeal, Luthra said. If the conviction is not stayed, he will not be able to fight the 2024 polls.
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