In an unprecedented order, a Surat district court on Thursday slapped a two-year jail sentence on Congress MP Rahul Gandhi in a 2019 criminal defamation case for his remark during an election campaign that "all thieves have Modi surname."
He was later granted bail by the court. “The court has put the punishment under suspension for 30 days and granted bail to Rahul Gandhi to allow him to challenge the order in a higher court,” said an advocate at the district court.
Rahul Gandhi was present in the court when the sentence was pronounced.
The defamatory remark is a throwback to 2019 when Gandhi, while campaigning in Kolar (Gujarat), by innuendo, linked Prime Minister Narendra Modi to economic offenders bearing the same surname. He had said, "Nirav Modi, Lalit Modi…How come all thieves have 'Modi' for a common surname?"
The petitioner, Purnesh Modi, moved the court claiming that Gandhi had defamed all persons with the 'Modi' surname. The Gujarat High Court recently vacated the stay on the trial in the case pursuant to which the trial resumed.
Asked if this would mean Gandhi would be disqualified from the Lok Sabha after this conviction, the ruling BJP said it was up to Lok Sabha Speaker Om Birla to decide.
The Representation of the People Act stipulates that a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.
The Congress maintained that since the court had granted Gandhi 30 days, the Wayanad MP could not be disqualified from the Lok Sabha. Party sources quoted legal experts as stating he would not be disqualified if the appellate court stayed the conviction.
Soon after the court order, Rahul Gandhi took to Twitter to quote Mahatma Gandhi, “My religion is based on truth and non-violence. Truth is my God, non-violence the means to get it.’’
BJP slams Gandhi, Congress
In a sharp reaction, the BJP came down heavily on the Congress over its criticism of Rahul's conviction, asserting that the opposition party wanted “complete freedom” for him to “abuse” others.
Former law minister Ravi Shankar Prasad asserted, “The law of India has it that if an individual or an organisation has been defamed with scurrilous statements, scandalous comments, abuses or any defamatory remarks, then he has a right to seek redress. But the Congress party has an objection. It wants complete freedom for Rahul Gandhi to throw abuses.”
The BJP leader also slammed Congress president Mallikarjun Kharge for questioning the court's order by reportedly noting that several judges hearing the matter were changed. Such comments show that the party does not believe in the judiciary, he said and asked, "Does it want to keep even the judiciary in its pocket."
The Congress has said Gandhi will file an appeal against the Surat court's order.
Gandhi's disqualification sought by an activist
In a quick action, Vineet Jindal, an activist and Supreme Court lawyer, on Thursday filed a complaint with Lok Sabha Speaker, seeking disqualification of Rahul Gandhi from the House with immediate effect.
Meanwhile, Congress leader Priyanka Gandhi said her brother had spoken the truth all his life and would continue to speak the truth.
"The entire scared machinery of power is trying to suppress the voice of Rahul Gandhi through 'saam, daam, dand, bhed'. My brother has never been afraid, nor will he ever be. He has lived speaking the truth, will continue to speak the truth," tweeted Priyanka Gandhi in Hindi.
She asserted that Rahul would continue to raise his voice for the people of the country because the power of truth and the love of crores of people are with him.
Congress stated it'll fight the judgement, NCP criticises BJP
Congress president and Leader of Opposition in Rajya Sabha Mallikarjun Kharge said that the party will fight the judgement as per law. The Nationalist Congress Party (NCP) on Thursday said the same law would catch up with the "BJP motormouths" soon.
"BJP leaders are saying that Rahul Gandhi must learn a lesson from his conviction and choose his words before speaking. The same applies to motormouths of the BJP because our Judiciary is supreme, and it will catch up with them too, sooner rather than later," NCP spokesperson Clyde Crasto tweeted.
Delhi chief minister Arvind Kejriwal also expressed his support and alleged that there was a “conspiracy to eliminate” non-BJP leaders and parties by prosecuting them.
‘‘We have differences with the Congress, but it is not right to implicate Rahul Gandhi in a defamation case like this. It is the job of the public and the opposition to ask questions," he tweeted. Kejriwal further said that he respects the court but does not agree with the decision.
