New Delhi: In a major setback to Congress, Rahul Gandhi was on Friday disqualified from parliament, a day after conviction in 2019 criminal defamation case. The disqualification comes at the backdrop of Surat District Court's conviction in a defamation case that sentenced him to two years in jail. The charges stemmed from alleged remarks Gandhi made about the "Modi" surname during a pre-election rally in Karnataka's Kolar.
Announcing his disqualification, the Lok Sabha Secretariat in a notification said that it was effective from March 23 -- the day of his conviction. "Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat in C.C./18712/2019, Shri Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951," the notification read.
The disqualification came a major blow to Congress. The party has indicated that they plan to challenge the local court's verdict in a sessions court. If his appeal for a freeze on the order is not accepted there, they will move to the Supreme Court. Gandhi has maintained his innocence and remains committed to fighting the charges against him.
Congress said it will fight the battle both "legally and politically". "We will not be intimidated or silenced. Instead of a JPC into the PM-linked Adani MahaMegaScam Rahul Gandhi stands disqualified. Indian Democracy Om Shanti," Congress general secretary Jairam Ramesh -- among many other Congress leaders who came out in support of Gandhi -- said in a tweet.
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The District Court in Surat on Thursday sentenced Rahul Gandhi to two years in jail in a defamation case, filed on a complaint by BJP MLA Purnesh Modi for his alleged remark, "How come all thieves have Modi as the common surname?" Following his disqualification, Rahul Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.
Supreme Court Advocate Ashwini Upadhyay said Rahul Gandhi's membership of Parliament has ended today and he cannot be attending Lok Sabha session now. "He can appeal to the sessions court in the 30 days granted to him by the Surat court but is now disqualified as an MP and barred from contesting elections," Advocate Upadhyay said
Further referring to the 2013 Lily Thomas judgement, Upadhyay said it has become very clear that after the conviction, membership of Parliament ends and he cannot contest elections for next 6 years. "Earlier convicted MP had a time of 3 months to appeal in which he won't be considered disqualified. Gandhi will be considered disqualified till a higher court stays his conviction or grants him acquittal," he said.
However, Constitutional Expert Subhash Kashyap, while speaking to ETV Bharat, said, “The punishment has not been implemented yet. The verdict is still suspended. He is convicted but the sentence has not been implemented, because the court has given Rahul Gandhi thirty days, in which he can appeal in the higher courts. The sentence will remain suspended till the appeal goes to the higher courts. When the Supreme Court pronounces the verdict and confirms the decision of the lower court, only then the punishment will come into force,” he added.
The defamation case against Gandhi has been controversial from the outset, with many questioning the motivations behind the complaint. In his first comment after the verdict, Gandhi quoted Mahatma Gandhi, saying, "My religion is based on truth and non-violence. Truth is my God, non-violence the means to get it."
