Congress MP Rahul Gandhi is facing disqualification from Lok Sabha after Surat Court convicted him in a criminal defamation case and sentenced him to jail for two years. According to section 8(3) of the Representation of Peoples Act, 1951, any MP or MLA convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction. Therefore, Rahul Gandhi could be disqualified for his 2019 speech where he alleged that everyone with the Modi surname is a thief.
Harsh Hasmukhbhai Varma, the Chief Judicial Magistrate of Surat who delivered the verdict, made some scratching remarks on the Congress leader in the judgement. In the judgement issued in Gujarati, the CJM explained why Rahul Gandhi has been found guilty, and why he has been awarded maximum punishment.
The court said that even after being asked by the Supreme Court to be careful, Rahul Gandhi’s public conduct has not changed and he made defamatory comments, and as he is a parliamentarian, strong punishment is needed.
The court said that when Rahul Gandhi was asked about the crime, he had answered that the speech he gave was for the overall good of the citizens, and it was part of his duty towards the people. Rahul Gandhi denied discriminating against people, saying that he loves all people in the country equally.
Rahul Gandhi further claimed that he had no intention to insult any caste, and moreover, the complainant has not faced any loss or mental harassment due to his statement. The Congress MP also claimed that he has not been held guilty previously in any such cases, and he will not seek an apology.
But the court noted that Rahul Gandhi was earlier asked by the Supreme Court to tender a written apology for attributing his ‘Chowkidar Chow hai’ jibe against Prime Minister Modi to the Supreme Court. Gandhi had submitted an unconditional written apology to the apex court in May 2019, for saying in a speech that the Supreme Court had said that Chowkidar is involved in the theft (Chowkidaar ne chori ki hai).
The magistrate noted that Rahul Gandhi was asked by the Supreme Court to be careful in his speeches in future, but he still went ahead and said that everyone with Modi surname is a thief.
The order states that the accused is a Member of Parliament and if he is given lesser punishment, it would send out a wrong message in the society. Hence, taking into consideration the accused’s conduct, he is given highest punishment and also pay a fine.
“Considering the submissions of both the parties and facts of the case and various comments given by the accused and directions of the Supreme Court to be careful, one can see it has not impacted the accused’s public conduct and behaviour,” the CJM said.
“Further, he is a Member of Parliament and addressing people as an MP is a serious matter. When someone of an MP level addresses common people, the intensity of crime increases. If he is given lesser punishment, it gives out a wrong message to society that anyone can say anything and get away with it without consequences. Hence, keeping in mind everything, the accused is given two years imprisonment and is asked to pay a fine,” the judgement stated.
It is notable that the petitioner refuted the claims of Rahul Gandhi’s lawyer that the petitioner was not personally hurt and he didn’t defame any community. The audio-visual evidence clearly shows Rahul Gandhi accusing everyone with Modi of being thieves, comparing Narendra Modi with Nirav Modi and Lalit Modi. The court noted that the evidence presented has to be found genuine and not tampered with.
The petitioner stated that his name is Surat Purnesh Modi, and therefore Rahul Gandhi’s comments were defamatory to him also. The court agreed with these arguments and ruled that the petitioner has been able to prove the accusations in the court.
