Fri 24 March 2023:
Rahul Gandhi, India’s main opposition leader, has been disqualified as a member of parliament, just one day after being convicted in a defamation case and sentenced to two years in prison.
“Rahul Gandhi… stands disqualified from the member of Lok Sabha from the date of his conviction,” a notice issued by the parliament said on Friday, referring to the lower house.
Gandhi, 52, was found guilty for a speech ahead of the 2019 general election in which he referred to thieves as having the surname Modi.
Gandhi, a scion of the Nehru-Gandhi family and former president of the Congress party, will appeal in a higher court, the party said.
According to Section 8(3) of the Representation of the People Act, 1951, if an MP is convicted of any offence and is sentenced for at least two years, he attracts disqualification. The conviction, which is likely to be challenged in a sessions court, and then, if necessary, before the high court and Supreme Court, could also result in Gandhi getting barred from contesting elections for the next eight years.
Gandhi was convicted for the remarks he made at a pre-election rally in 2019 in Kolar, Karnataka. He was alleged to have said, “I have a question. Why do all of them — all of these thieves — have Modi Modi Modi in their names? Nirav Modi, Lalit Modi, Narendra Modi. And if we search a bit more, many more such Modis will come out.”
RAHUL GANDHI CONVICTED IN ‘MODI SURNAME’ DEFAMATION CASE, GIVEN TWO-YEAR SENTENCE
Subsequently, Purnesh Modi, who was a minister in Gujarat at the time, filed a complaint alleging that he had defamed the entire Modi community.
The Surat court had, while convicting the Congress leader and sentencing him to two years in jail, granted him bail for 30 days to appeal against the decision. The sentence was also suspended for 30 days.
Following his conviction, Gandhi tweeted a famous line spoken by Mahatma Gandhi in Hindi. It said: “My religion is based on truth and non-violence. Truth is my God, non-violence the means to get it.”
मेरा धर्म सत्य और अहिंसा पर आधारित है। सत्य मेरा भगवान है, अहिंसा उसे पाने का साधन।
– महात्मा गांधी
— Rahul Gandhi (@RahulGandhi) March 23, 2023
‘BJP fearful of Gandhi’s rise’
Congress officials have described the court order as politically motivated and accused Prime Minister Narendra Modi and the ruling Bharatiya Janata Party (BJP) of targeting political opponents.
“This battle will be fought both legally and politically,” said Congress spokesman Pawan Khera.
From the day Rahul Gandhi ji raised questions about Adani, a conspiracy was initiated to silence his voice.
They never allowed him to speak out, which is a clear case of an anti-democratic and dictatorial attitude by the BJP government.
: @kcvenugopalmp ji pic.twitter.com/fCr3NOsLIi
— Congress (@INCIndia) March 24, 2023
Modi’s government has been widely accused of using the defamation law to target and silence critics. The case in Gujarat is one of several lodged against Gandhi, Modi’s chief opponent.
Gandhi is the leading face of the Congress party, once the dominant force of Indian politics, with a proud role in ending British colonial rule, but now a shadow of its former self.
He is the scion of India’s most famous political dynasty and the son, grandson and great-grandson of former prime ministers, beginning with independence leader Jawaharlal Nehru.
But he has struggled to challenge the electoral juggernaut of Modi and its nationalist appeals to the country’s Hindu majority.
Rahul Gandhi has been disqualified from the Indian parliament a day after his conviction in a defamation case for criticising Narendra Modi. India revealing itself as quite the Mother of Democracy in the G20 year
— Rana Ayyub (@RanaAyyub) March 24, 2023
On Friday, at least 14 opposition parties moved the Supreme Court alleging a misuse of federal investigative agencies by Modi’s government.
Last month, federal investigators arrested Manish Sisodia, a top member of the Aam Aadmi Party (AAP) which governs Delhi, on allegations he had corruptly benefitted from reforms to the capital’s liquor licensing rules.
Sisodia’s party is seeking to supplant Congress as the main opposition to Modi’s government and its members have decried his arrest as politically motivated.
Also in February, Indian tax authorities raided the BBC’s local offices, weeks after the broadcaster aired a documentary on Modi’s conduct during deadly sectarian riots decades ago.
The Editors Guild of India said then that the raids were part of a wider “trend of using government agencies to intimidate or harass press organisations that are critical of government policies”.
SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES
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