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Rahul Gandhi disqualified after court holds him guilty of criminal defamation

Mar 24, 2023 02:55 PM IST

A court in Gujarat’s Surat held him guilty of criminal defamation for a remark he made ahead of the 2019 national polls about the Modi surname

Congress lawmaker Rahul Gandhi was on Friday disqualified as a member of Lok Sabha, Parliament’s Lower House, a day after a court in Gujarat’s Surat held him guilty of criminal defamation for a remark he made ahead of the 2019 national polls about the Modi surname and sentenced him to two-year imprisonment.

Congress leader Rahul Gandhi. (REUTERS)
Congress leader Rahul Gandhi. (REUTERS)

In a notification, the Lok Sabha secretariat said he has been disqualified from the day of the conviction under the Constitution’s Article 102(1)(e) read with Section 8 of the Representation of the People Act.

In a tweet, Congress leader Jairam Ramesh said they will fight this battle both legally and politically. “We will not be intimidated or silenced. Instead of a JPC [Joint Parliamentary Committee] into the PM-linked Adani MahaMegaScam, @RahulGandhi stands disqualified. Indian Democracy Om Shanti.”

Opposition parties have been pushing the government to set up a JPC to investigate the allegations of financial irregularities against the Adani Group.

Gandhi will have to appeal to a higher court and get a stay on the conviction to prevent the disqualification - something the Congress party said it will do – to take the next step.

Congress leader Abhishek Singhvi told HT they will move a sessions court against Gandhi’s conviction this weekend.

Gandhi was convicted under Sections 499 and 500 of the Indian Penal Code, which provide for imprisonment of up to two years, and later was released on bail. The court suspended the sentence for 30 days on Gandhi’s plea.

Any elected representative sentenced for any offence for two years or more faces immediate disqualification under the Representation of People Act, 1951. One provision of the Act that granted three-month protection from disqualification was struck down in 2013 as “ultra vires” by the Supreme Court in the Lily Thomas case.

In Gandhi’s case, the Surat court suspended his sentence for 30 days at the request of his legal team, to give him an opportunity to challenge the decision.

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