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Day After Conviction In Defamation Case, Rahul Gandhi Visits Parliament

March 24, 2023

For his alleged remarks over the ‘Modi’ surname, Rahul Gandhi was convicted in a defamation case yesterday and sentenced to two years in jail.

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Rahul Gandhi visited the Parliament this morning despite a two-year jail sentence in a defamation case that threatens to cancel his Lok Sabha membership. The Lok Sabha was adjourned until noon after protests.

Mr Gandhi, a Wayanad MP, was sentenced to two years in jail for his remarks about the ‘Modi’ surname yesterday. He got bail for 30 days to appeal.

As per Section 8(3) of the Representation of the People Act, 1951, a Member of Parliament who is convicted of any offence and sentenced for at least two years is disqualified.

Some legal experts say Gandhi is automatically disqualified as an MP because of his conviction and two-year sentence, but others say he can get the conviction overturned to avoid suspension.

According to experts, the Lok Sabha Secretariat can disqualify Mr Gandhi based on the Surat court’s order. However, it hasn’t announced anything yet.

Mahesh Jethmalani, a lawyer and BJP MP, told NDTV Mr Gandhi is disqualified under the law, but the Speaker has to know.

Kapil Sibal, who was with the Congress before, said Mr Gandhi is automatically disqualified and getting the jail sentence suspended isn’t enough. NDTV reports Gandhi can only continue as an MP if his conviction is stayed.

If his conviction isn’t overturned by a higher court, he won’t be able to run for office for eight years. The Congress leader’s team says he’s going to challenge the local court’s verdict in a sessions court. In case his appeal for a freeze on the order isn’t accepted, he’ll go to the Supreme Court.

Mr Gandhi is being sued for allegedly saying “how come all thieves have Modi as their last name” at a pre-election rally in Kolar, Karnataka. An ex-Gujarat minister filed a complaint alleging he defamed Modi.

Yesterday, a Surat court convicted him in the case and sentenced him to two years in prison. He has 30 days to appeal.

I believe in truth and non-violence. Truth is my god, non-violence is the way to get it,” tweeted the Wayanad MP after the verdict.

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