Rahul Gandhi To Be MP Again, Can Contest Polls After Supreme Court Order

Modi Surname Case: The trial judge has awarded the maximum sentence of two years in the case, the top court observed in its judgement, adding that it would not have attracted disqualification if the sentence was a day lesser. 

                   Rahul Gandhi To Be MP Again, Can Contest Polls After Supreme Court Order 

New Delhi: Congress leader Rahul Gandhi's conviction in a criminal defamation case over his 'Modi surname' remark was put on hold by the Supreme Court today, which said that while his remarks were not in good taste, his disqualification from parliament would affect his constituents.

The trial judge had awarded the maximum sentence of two years in the case, the top court observed, pointing out that it would not have attracted disqualification as an MP if the sentence was a day lesser.

Rahul Gandhi had in April told a sessions court in Surat his conviction by a magistrate's court in the 2019 defamation case was erroneous, patently perverse, and he was sentenced in a manner so as to attract disqualification as a Member of Parliament. He had said he was treated harshly by the trial court, which was "overwhelmingly influenced" by his status as an MP.

No doubt that the utterances by the petitioner were not in good taste, the Supreme Court said today, "and the petitioner ought to have been more careful in making speeches".

"The ramifications of disqualification not just affect the right of the individual but also the electorate," it said.

This was Rahul Gandhi's last chance before acquittal, and will allow him to attend the parliament and contest elections, his lawyer earlier argued in the court, adding that the High Court had reserved its judgement for 66 days, and due to conviction in the case, Mr Gandhi has already lost two Parliament sessions.

A Supreme Court bench of Justices BR Gavai, PS Narasimha, and Sanjay Kumar was hearing Rahul Gandhi's request for a stay on his conviction. The Gujarat High Court had earlier refused to stay his conviction in the criminal defamation case.

Senior Advocate Abhishek Manu Singhvi, representing Rahul Gandhi, said the trial has been completed, and Mr Gandhi has even been convicted, yet there is no evidence so far.

Mr Singhvi said this is the first time 30 crore people have held to be an identifiable class. "They are amorphous, non-homogenous...communities, castes, and groups with appellation 'Modi' are totally different," he said.

Justice Gavai had at the beginning of the hearing said Mr Gandhi will have to make out an exceptional case for a stay on conviction, to which Mr Singhvi said he was not arguing conviction today.

Mr Singhvi argued the complainant Purnesh Modi's original surname is not Modi, and he had changed it.

"The complainant Purnesh Modi himself said that his original surname was not Modi. He belongs to Modh Vanika Samaj," he argued, and claimed not a single of the persons Mr Gandhi had named during his speech have sued him.

"Interestingly, everybody who is aggrieved in this very 'small' community of 13 crores, the only people suing are BJP office-holders. Very strange," Mr Singhvi said.

The Supreme Court then pointed out that the trial court has also spoken about Mr Gandhi's criminal antecedents.

"They have cited 13 cases but no conviction in any of those cases. How are these cited for criminal antecedents? I am not a hardened criminal...No conviction despite...look at the chart. Full of cases filed by BJP karyakartas, but never any conviction," Mr Singhvi responded.

Advocate Singhvi then pointed out that the High Court treats this as a serious offence involving a moral turpitude.

"Not a single material of moral turpitude. Not a single judgement. This is non-cognisable, bailable, and compoundable. Not against society, not kidnapping, rape, murder...maximum sentence of 2 years... How can this become an offence involving moral turpitude?" he said.

There's no other case where two years sentence has been given, he added.

Mr Gandhi while maintaining that he was not guilty, on Wednesday requested the top court to stay his two-year conviction, enabling him to participate in the ongoing sittings of the Lok Sabha and sessions thereafter.

At a rally in Karnataka's Kolar in April 2019, Rahul Gandhi, in a dig at Prime Minister Narendra Modi, said, "How come all the thieves have Modi as the common surname?".

In an affidavit before the top court, the former Wayanad MP said that he has always maintained that he is not guilty of the offence and that the "conviction is unsustainable" and if he had to apologise and compound the offence, "he would have done it much earlier".

Rahul Gandhi has challenged the trial court order in the Surat Sessions court, where the appeal is pending.

‘BJP can’t stop me from representing Wayanad’

The disqualification as MP is the biggest gift BJP could have given him, Rahul said, adding it assured him he was on the right track. 

Congress leaders Rahul Gandhi and Priyanka Gandhi, accompanied by UDF leaders, wave at the crowd of supporters during a road show held at Kalpetta in Wayanad on Tuesday

KALPETTA: In the first visit to his constituency after disqualification as an MP, Congress leader Rahul Gandhi on Tuesday sought to strike an emotional chord with the voters, saying the BJP can take away his MP tag, but can’t stop him from representing the people of Wayanad and raising their issues.

“MP is just a tag, a position. BJP can take away the tag, the position, the house, and they can put me in jail. But they can’t stop me from representing the people of Wayanad and their issues. And, I’ll not stop raising questions. It is not for me, but for the people of Wayanad and the entire country,” he said addressing a mammoth rally.

When he came to Wayanad four years ago, he felt like coming to a family, Rahul said. “Of course, I don’t belong to Kerala, but the affection and the manner in which you embraced me made me feel like your brother, your son... I will make sure that issues of Wayanad people are taken up, and will never end my relationship with Wayanad,” he said.

The disqualification as MP is the biggest gift BJP could have given him, Rahul said, adding it assured him he was on the right track.

“What did I do? I only asked one question to the prime minister. What is his relationship with Adani? Adani was on the 609th position among the richest, and now he is second in the list. I cited examples of prime minister’s support to Adani. When I raised the question in Parliament, the ruling party members, including ministers, disrupted Parliament. I wrote two letters to the speaker, and asked him why are you doing so. The speaker said he didn’t have another option,” he said.

Rahul alleged that the Modi government is being controlled by four or five people, and he will never stop fighting it. “It is a fight between two visions, one guided by hatred and divisiveness and the other by compassion,” he added.

Addressing the rally, Congress national general secretary Priyanka Gandhi said it is the duty of an MP to ask questions and raise issues. But, Rahul was disqualified just for doing that. Enthused by the large attendance in the rally, Priyanka said, “When they are trying to silence my brother, Wayanad is showing the way to them.”

BJP Won't Let Rahul Gandhi Speak In Parliament Without An Apology: Sources

 Mr Gandhi has said he wants to respond to allegations against him inside the house, but the BJP sources said they wouldn't let him speak until he apologises first. 

                          BJP Won't Let Rahul Gandhi Speak In Parliament Without An Apology 

New Delhi: Amid chaos in the parliament, leading to adjournment of both houses for the second consecutive day, sources in the BJP today said they won't let Congress MP Rahul Gandhi speak in the house unless he apologises for his remarks on Indian democracy in London.

Both houses of the parliament were adjourned again today amid loud sloganeering from the BJP, which is demanding Congress MP Rahul Gandhi apologise for his remarks at Cambridge University, and opposition parties demanding a Joint Parliamentary Committee probe into the Adani-Hindenberg row. Audio of the proceedings were muted while chaos ensued inside the parliament. Congress, repeating Rahul Gandhi's charge that microphones of opposition leaders were muted in the parliament, took a dig at Prime Minister Narendra Modi.

"Earlier, the mic used to be turned off, today even the proceedings of the House were muted. The house is mute for PM Modi's friend," the grand-old-party tweeted in Hindi.

Rahul Gandhi was seen in the Lok Sabha for the second time today since the row erupted over his comments, but the house was adjourned till next week before any business could be done. Mr Gandhi has said he wants to respond to allegations against him inside the house, but the BJP is adamant that he apologises first.

Calling Mr Gandhi's remark "egregious and gravely offensive", BJP National Spokesperson Shehzad Poonawalla said Mr Gandhi should apologise outside before seeking recourse in the parliament.

"It is sad that the EGO on 1 Parivar is above INSTITUTION OF PARLIAMENT (sic)?

Rahul has made an egregious & gravely offensive remark against our sovereignty by demanding foreign intervention on foreign soil

If he is serious about Parliament he should have apologised immediately outside before seeking recourse in Parliament

You cannot undermine Parliament & then seek its recourse

Pehle Maafi Maango Desh se (first apologise to the nation)," he tweeted.

Union Minister Anurag Singh Thakur, referring to Rahul Gandhi's "unfortunately, I am Member Of Parliament" slip-up yesterday, said he is truly an unfortunate MP because he is defaming the same parliament that he is a part of. He also demanded an unconditional apology from him.

"He does not know that the House is run by procedures, and policies. I had also brought the booklet of rules for him. If he attended the parliament, he would understand. He does not read, and rarely comes to the parliament. Telling one lie after another has become his habit. You lied, and tried to show that you are bigger than the parliament, bigger than the country. He should apologise unconditionally," Mr Thakur said.

Several BJP ministers have slammed Rahul Gandhi, accusing him of spreading lies and maligning India's image abroad. While Law minister Kiren Rijiju alleged that the Congress leader was speaking the language of "anti-India forces", BJP MP Nishikant Dubey has called for the formation of a special committee to look into Mr Gandhi's statements, which, he said, should help end Mr Gandhi's Lok Sabha membership.

BJP National President JP Nadda on Friday said that Rahul Gandhi has become a permanent part of the "anti-nationalist toolkit".

"It's unfortunate that the Congress party is indulging in anti-national activities. After being repeatedly rejected by the nation, Rahul Gandhi has now become a permanent part of this anti-nationalist toolkit," Mr Nadda told news agency ANI. He also asked what Mr Gandhi's intention was when he "demand the intervention of another country in the internal matters of India".

During an event in the UK, Rahul Gandhi had alleged that the structures of Indian democracy are under attack and there is a "full-scale assault" on the country's institutions.