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Disqualification of Rahul Gandhi

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Disqualification of Rahul Gandhi
Date24 March 2023
LocationParliament of India, New Delhi, India
CauseConviction of Rahul Gandhi on charges of defamation
OutcomeMembership reinstated after Supreme court of India stayed the conviction.

Rahul Gandhi, the leader of Indian National Congress, was disqualified as member of the Lower House of the Indian Parliament (Lok Sabha) on 24 March 2023. The disqualification followed a conviction by an Indian court, which sentenced Gandhi with two-year imprisonment, on the accusation of defaming prime minister Narendra Modi's surname.[1][2] The conviction and defamation raised an alarm about the state of democracy in India and were seen as a move to silence dissent and political opposition before the upcoming 2024 general elections.[3] In August 2023, the Supreme Court of India stayed his conviction. This would allow him to contest the next election. On 7 August a notification from Lok Sabha secretariat reinstated Rahul Gandhi to the parliament.[4][5]

Conviction and disqualification

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On 13 April 2019, during a political rally in Kolar, Karnataka, India before the Indian general election, Rahul Gandhi remarked in Hindi saying "Why do all thieves, be it Nirav Modi, Lalit Modi or Narendra Modi, have Modi in their names?"[6][7][8] A criminal defamation case was filed by Purnesh Modi, a Bharatiya Janata Party (BJP) MLA from Surat West, who claimed that Gandhi had defamed all people with the surname Modi.[9]

On 16 July 2019, the Surat court exempted Gandhi from personal appearance in court due to short notice.[10] On 10 October, Rahul Gandhi pleaded not guilty in the Surat Court.[11][12] Gandhi recorded his statements and answered questions in front of the local Court first on 24 June 2021[13] and then again on 29 October 2021.[14] During these appearances, Gandhi stated in front of the court that he did not mean to defame any community and that his statements were sarcasm for the purpose of the elections.[15]

On 23 February 2022, the Surat Court rejected Purnesh Modi's request to make Rahul Gandhi "personally explain" the contents of the CD and pen drive evidence submitted by Modi.[16] Modi appealed this rejection in the Gujarat High Court and was able to obtain a stay on the hearings.[17]

On 23 March 2023, the Surat court convicted Rahul Gandhi and sentenced him to two years in prison stating that Gandhi "has accepted the controversial facts". He was given 30 days to appeal his sentence.[18]

On 24 March, one day after the conviction, Lok Sabha Secretary General Utpal Kumar Singh notified that Rahul Gandhi would stand disqualified as the Member of Parliament from Wayanad constituency from 23 March, the date of his conviction, under the Section 8 of the Representation of the People Act, 1951 (RPA).[19]

On 3 April, Gandhi was able to appeal and obtain bail from the Surat Court with the hearing for stay posted to 13 April.[20][21][22][23] The court ruled on 20 April and rejected the request to stay the conviction.[24][25]

In July 2023, Gandhi's appeal was dismissed by the Gujarat High Court. The court, while rejecting his appeal, stated that Gandhi's conviction was deemed "just and proper." In response, the Congress party announced that Gandhi would appeal the order in the Supreme Court.[26]

On 4 August, Gandhi's conviction was stayed by the Supreme Court of India pending appeal.[27]

Domestic response

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The Indian National Congress observed the day of disqualification as a "black day for Indian democracy"[28] which was re-iterated by other opposition parties.[29][30]

The conviction and disqualification prompted opposition leaders to take a unified stand; 14 major opposition parties jointly moved to the Supreme Court of India and filed a petition seeking judicial intervention against the alleged misuse of investigative agencies by the Modi government to target opposition parties.[31][6] The petition was dismissed by Chief Justice of India D.Y. Chandrachud who stated that the Supreme Court could look into individual cases but it would not lay down separate guidelines for politicians by extrapolating statistics and directed them instead to seek political solutions in response to the contention that skewed application of the law had created an uneven playing field leading to shrinking of the space for opposition.[32]

The opposition parties include the Dravida Munnetra Kazhagam, Aam Aadmi Party, Janata Dal (United), Communist Party of India (Marxist), Communist Party of India, Samajwadi Party, Jharkhand Mukti Morcha, Shiv Sena (UBT), Trinamool Congress, National Conference, Rashtriya Janata Dal, Nationalist Congress Party and Bharat Rashtra Samithi.[32]

International reactions

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The Democratic co-chair of the India Caucus in the US House of Representatives, Ro Khanna, described the removal of Gandhi from parliament as a "deep betrayal" of India’s "deepest values".[33] US State Department spokesperson Vedant Patel stated that the United States was closely watching Rahul Gandhi's case and would continue to engage with the Indian government and highlight the importance of democratic principles and human rights, such as freedom of expression.[28] US senator Chris Van Hollen separately commented that the news of the disqualification was "alarming".[33]

Germany's Foreign Ministry spokesperson said that Berlin had "taken note" of the verdict, and was watching the next steps, including his ability to appeal the verdict and whether the "suspension of his mandate" was justified.[34][35] Peter Stano, the EU’s Lead Spokesperson for Foreign Affairs and Security Policy, said, "the EU is following closely the case against Rahul Gandhi and his subsequent dismissal from the Parliament."[36]

See also

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References

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  1. ^ Dhillon, Amrit (23 March 2023). "Rahul Gandhi found guilty of defaming Narendra Modi". The Guardian. ISSN 0261-3077. Retrieved 30 March 2023.
  2. ^ "Rahul Gandhi: India's Congress leader sentenced to jail for Modi 'thieves' remark". BBC News. 23 March 2023. Retrieved 30 March 2023.
  3. ^ Travelli, Alex; Raj, Suhasini (24 March 2023). "Expelling Rahul Gandhi From Parliament, Modi Allies Thwart a Top Rival". The New York Times. ISSN 0362-4331. Retrieved 31 March 2023.
  4. ^ Himanshu Mishra (7 August 2023). "Rahul Gandhi back as MP after Supreme Court relief, huge Congress celebrations". India Today. Retrieved 8 August 2023.
  5. ^ "Rahul Gandhi To Be MP Again, Can Contest Polls After".
  6. ^ a b "Rahul Gandhi disqualified as Lok Sabha MP after conviction: How the process works". The Indian Express. 24 March 2023. Retrieved 3 April 2023.
  7. ^ "Explained: Rahul Gandhi's conviction, likely disqualification and the SC verdict that changed it all". Financialexpress. 23 March 2023. Retrieved 31 March 2023.
  8. ^ "The 2019 Defamation Case Against Rahul Gandhi: Explained In 5 Points". NDTV.com. Retrieved 25 April 2023.
  9. ^ Phadke, Manasi (23 March 2023). "Tea-seller to MLA, close to PM — all about Purnesh Modi, whose complaint led to Rahul Gandhi's conviction". ThePrint. Retrieved 3 April 2023.
  10. ^ "Rahul Gandhi exempted from personal appearance in 'Modi surname' defamation case". The Times of India. 16 July 2019. ISSN 0971-8257. Retrieved 4 May 2023.
  11. ^ "In Surat, Rahul Gandhi pleads not guilty to defamation charge". Hindustan Times. 10 October 2019. Retrieved 4 May 2023.
  12. ^ "'Modi-thieves' remark: Rahul Gandhi appears in Surat court, denies charges". The Indian Express. 10 October 2019. Retrieved 4 May 2023.
  13. ^ "Don't remember precise words, Rahul Gandhi tells court on defamation case over Modi surname remark". India Today. 24 June 2021. Retrieved 4 May 2023.
  14. ^ "Modi surname remark: Rahul Gandhi appears before Surat court to record statements in defamation case". The Indian Express. 29 October 2021. Retrieved 4 May 2023.
  15. ^ Scroll Staff (24 June 2021). "Rahul Gandhi denies making defamatory remarks about 'Modi' surname". Scroll.in. Retrieved 4 May 2023.
  16. ^ "Rahul Gandhi Gets Court Notice In "Modi Surname" Remarks Case". NDTV.com. Retrieved 4 May 2023.
  17. ^ "Court Extends Stay On Proceedings Against Rahul Gandhi In Defamation Case". NDTV.com. Retrieved 4 May 2023.
  18. ^ "Rahul convicted in defamation case, Congress scrambles to keep him in House". The Indian Express. 23 March 2023. Retrieved 3 April 2023.
  19. ^ "Rahul Gandhi disqualified from Lok Sabha day after conviction". The Indian Express. 24 March 2023. Retrieved 3 April 2023.
  20. ^ "Defamation case: Rahul Gandhi gets bail till April 13, 2-year sentence stayed; appeal against conviction to be heard on May 3". The Times of India. 3 April 2023. ISSN 0971-8257. Retrieved 4 April 2023.
  21. ^ "Rahul Gandhi Gets Bail, Gujarat Court Pauses 2-Year Sentence". NDTV.com. Retrieved 4 April 2023.
  22. ^ "Rahul Gandhi firm after bail, key hearing next week". www.telegraphindia.com. Retrieved 4 April 2023.
  23. ^ "Rahul Gandhi's bail extended in defamation case; next hearing on April 13". Hindustan Times. 3 April 2023. Retrieved 4 April 2023.
  24. ^ "No Relief For Rahul Gandhi In Defamation Case, Surat Court Rejects Request". NDTV.com. Retrieved 20 April 2023.
  25. ^ "Rahul Gandhi's plea dismissed, Congress says 'contrary to all principles of law'". The Indian Express. 20 April 2023. Retrieved 20 April 2023.
  26. ^ "Rahul Gandhi to move Supreme Court after Gujarat High Court dismisses appeal in defamation case". BBC News. 7 July 2023. Retrieved 7 July 2023.
  27. ^ NETWORK, LIVELAW NEWS (4 August 2023). "Supreme Court -Rahul Gandhi's Plea To Stay Conviction In Defamation Case Over 'Modi Surname' Remark- LIVE UPDATES". www.livelaw.in. Retrieved 4 August 2023.
  28. ^ a b "U.S. Watching Rahul Gandhi's case in Indian courts: Official". The Hindu. 28 March 2023.
  29. ^ Service, Statesman News (24 March 2023). "KCR calls it a black day in the history of Indian democracy". The Statesman. Retrieved 20 April 2023.
  30. ^ PTI (20 April 2023). "Black Day for Indian democracy: Mehbooba on dismissal of Rahul Gandhi's appeal". ThePrint. Retrieved 20 April 2023.
  31. ^ "Why Rahul Gandhi's Disqualification May Be a Turning Point". The Wire. Retrieved 3 April 2023.
  32. ^ a b "Supreme Court junks plea by 14 Oppn parties against 'misuse' of CBI & ED by Centre". The Indian Express. 5 April 2023. Retrieved 5 April 2023.
  33. ^ a b "Rahul Gandhi's Expulsion 'Betrayal' of India's Values: US Lawmaker". The Wire. Retrieved 4 April 2023.
  34. ^ "Germany 'takes note' of Rahul Gandhi's disqualification from Parliament, says 'expect democratic principles to be applied'". The Indian Express. 30 March 2023. Retrieved 4 April 2023.
  35. ^ Mukhopadhyay, Sounak (30 March 2023). "Germany says 'democratic principles' apply to Rahul Gandhi". mint. Retrieved 4 April 2023.
  36. ^ "EU Says it Is Closely Following Case Against Rahul Gandhi and His 'Dismissal' From Parliament". The Wire. Retrieved 4 April 2023.
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