The conviction of Congress leader Rahul Gandhi in a defamation case has triggered sharp reactions from opposition leaders and raised questions over his future as a Lok Sabha member as he needs to get a stay on the conviction—not just the sentence—from an appellate court.
The court in Surat, Gujarat, sentenced him to two years in jail on Thursday in the 2019 case over his remarks about the Modi surname. Gandhi was also granted bail by the court and the order, pronounced by Chief Judicial Magistrate HH Verma, was stayed for 30 days so the Congress leader could appeal in a higher court.
The case was filed by Purnesh Modi, former Gujarat minister and BJP MLA from Surat West, and it pertained to the purported remarks Gandhi made in Karnataka's Kolar in 2019. "Why do all the thieves have Modi in their names?" he had asked during a Lok Sabha election rally.
The Bharatiya Janata Party has said the court order was a reminder to Gandhi that "probity and propriety are important in the democracy" and that he must use caution before insulting the people of the country.
According to government officials, who spoke on condition of anonymity, it was entirely up to Lok Sabha Speaker Om Birla now to take a call on the Wayanad MP's status as a member. They said the order would be examined by the speaker's office and all aspects of it would be studied before a call on disqualification is taken.
The next one month would be crucial for Gandhi and he would need to get a higher court to stay or set aside the Surat district court's order to retain his Lok Sabha seat, according to people with knowledge of the matter.
Gandhi was present inside the courtroom during the order along with several national and state Congress leaders. The party has already started organising protests in different states, alleging that Gandhi's voice was being stifled.
Gandhi has been convicted under Section 500 (Defamation) of the Indian Penal Code. Under the section, the person defaming another can be punished with imprisonment for a term extending to two years or with a fine, or both.
"I belong to the Modhwanik Ghanchi community, which bears the Modi surname," Purnesh Modi said. "The defamatory statements of Rahul Gandhi had hurt the sentiments of the entire community and that is why we approached the court."
Congress leader Priyanka Gandhi Vadra came out in support of her brother, saying he has lived speaking the truth and would continue to do so.
"My religion is based on truth and non-violence. Truth is my God, non-violence the means to get it," Rahul Gandhi tweeted, quoting Mahatma Gandhi.
Congress General Secretary KC Venugopal said the party had full faith in the judiciary and that it would fight against attempts to silence Gandhi.
Defence lawyer Kirit Pawala said they were not satisfied with the verdict passed by the court as some of their arguments were not taken into consideration. "The issues we raised were there is no community by the name of Modi and even the complainant is not a Modi, as his earlier surname was Bhootwala and later changed to Modi," he said. "We will approach the higher court."
The disqualification of an MP convicted for an offence could happen in a few circumstances, according to people with knowledge of the matter. A 2013 Supreme Court judgment on convicted MPs is crucial here and it was Gandhi himself who had publicly torn apart his own government's ordinance, which made the judgment null and void. This was also mentioned by BJP leader Ravi Shankar Prasad on Thursday.
Gandhi has the option to go to the higher court to stall the disqualification, but legal experts said he would have to get a stay on the conviction, and not just the sentence alone, from an appellate court which would be a sessions court and that too within 30 days.
Earlier, disqualification could have taken effect only after three months have elapsed from the date of conviction, during which the convicted MP could file an appeal against the sentence before the high court.
BJP spokesperson Ravi Shankar Prasad said Section 8 of the Representation of the People Act listed the provisions for disqualification of an MP.
There are laws like the Prevention of Corruption Act and others that could lead to the disqualification of a member, regardless of the punishment, according to Prasad. "But, it is the speaker's call entirely."
Under Section 8(1) of the RPA, there are offences like promoting enmity between two groups, bribery and undue influence at an election. A person can also be disqualified if convicted for any other offence and sentenced for a period of two years or more.
In the 2013 ruling in Lily Thomas vs Union of India, the Supreme Court had struck down Section 8(4) of the RPA as unconstitutional, which meant that the convicted MP would have to secure a specific order of stay against the conviction of the trial court.
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