Convicted in Gujarat; Congress thinks that releasing Rahul Gandhi from jail will advance government policy
Rahul Gandhi was found guilty on Thursday in a defamation case involving the surname "Modi" and given a two-year sentence. This resulted in his disqualification as a member of parliament and a ban on running for office for the next eight years, unless the conviction is soon overturned by a higher court.
The magistrate postponed the sentence for 30 days to allow Rahul to dispute the decision before a higher court, and Rahul's legal team is certain that the "erroneous judgement" will be stayed and ultimately reversed.
The grounds for disqualification will be eliminated if the conviction is overturned, but Congress leaders expressed concern that the Narendra Modi administration might launch the disqualification procedure right away in order to intimidate the Opposition and stop Rahul from bringing up the Adani controversy in Parliament. Ravi Shankar Prasad, a senior BJP leader, sidestepped a question about it by claiming the Speaker made the choice.
Congress leaders criticised the decision, and a number of top attorneys also expressed astonishment that Rahul had received the maximum two-year term allowed for defamation.
They explained to The Telegraph that convictions in defamation trials often result in symbolic sentences of one day to one month in prison. For a politician to be disqualified, however, and be prohibited from running for office for six years after serving their sentence, a minimum penalty of two years is necessary.
Because to its belief that the conviction would be overturned, the House is not very concerned about an electoral ban. Purnesh Modi, a BJP lawmaker from Gujarat, filed a complaint against Rahul accusing him of disparaging all individuals with the last name "Modi" in a comment made at a public rally in Kolar, Karnataka, in 2019. Chief judicial magistrate H.H. Verma rendered his decision on the allegation. According to a remark from Rahul, "Nirav Modi, Lalit Modi, Narendra Modi... how the surname "Modi" is shared by all of these crooks. There will be a couple more if you dig further.
Businessmen Nirav Modi and Lalit Modi are charged with evading financial investigations in India. Abhishek Singhvi, a prominent attorney and spokesman for the Congress, said: "The core of criminal defamation legislation is personal experience of injury, and malice is a necessary part. The three people mentioned in the speech were not the subject of any complaints. You cannot accuse the whole community of suffering harm. No one with the surname "Modi" meant any harm; the speech was about corruption and other significant national concerns including unemployment and price increases.
After the decision, Rahul tweeted: "Mera dharm satya aur ahimsa par aadharit hai. I am Satya, the Great One. The foundation of my faith is truth and non-violence, or ahimsa usey pane ka saadhan. My saviour is truth. Violence has no place on the road to truth. On the anniversary of the martyrdoms of Bhagat Singh, Sukhdev, and Rajguru, he reaffirmed his resolve to continue the battle in another tweet.
Rahul tweeted: "These brave sons of Bharat Mata have taught me to fight for the motherland on the power of truth and bravery. "Inquilab Zindabad!" The 170 page verdict, which is written in Gujarati, is being translated, according to Singhvi. The ruling is flawed and full of flaws and legally dubious findings.
The Congress is preparing to argue the matter before the Supreme Court. Party officials emphasised that there was no proof that Rahul had a bias towards persons with the last name "Modi" in his politics. They said that the speech's context was very apparent and that he just intended to emphasise the point that Narendra Modi was connected to Lalit and Nirav Modi.
Singhvi said that the majority of BJP politicians have made considerably harsher remarks regarding individuals and groups, particularly Muslims, without facing any repercussions. Congress leaders vented their ire on social media in reaction to the news of Rahul's conviction. After Rahul arrived in Delhi from Surat after attending court, a large number of MPs flocked to the airport to show their support for him. "The coward and authoritarian administration is terrified of Rahul Gandhi and the Opposition because we are exposing their criminal acts and seeking a Joint Parliamentary Committee," party president Mallikarjun Kharge tweeted (into the Adani affair). The Modi administration is using the ED, the police, and bringing charges for political remarks as a result of its political bankruptcy.
The Enforcement Directorate, CBI, and police "will assault you if you raise your voice against injustice and Rahul Gandhi too is being persecuted for expressing the truth," according to party communications head Jairam Ramesh. A terrified administration, according to Priyanka Gandhi Vadra, is attempting to muzzle Rahul's voice, but "my brother" will not be hushed. Ashok Gehlot and Bhupesh Baghel, the chief ministers of Rajasthan and Chhattisgarh, said there was a vendetta. "Shah & Shahenshah want an India where the Opposition sits meekly in a corner, the media dances to the government's tune, and institutions stay under their control," party spokeswoman Pawan Khera stated. The fight to preserve our lovely nation didn't begin yesterday, and it won't finish tomorrow. The Congress will take the lead in this ongoing conflict.
The BJP applauded the decision and denounced Rahul, saying he insulted an entire community and was a repeat offender. "Modis are not merely a surname; they are a community. They are professionals in politics, business, medicine, and sports. It is obviously slanderous to label someone with a given surname as a thief, according to senior attorney Prasad.
"Rahul Gandhi claimed he is a proponent of non-violence and the truth. Can abusing people and using caste-related language constitute adhering to truth and nonviolence? Kharge was also targeted by Prasad, who charged him with contempt of court and subverting the legal system for his remarks spotlighting the case's new judge. "I applaud the court's decision. Sushil Modi, a BJP Rajya Sabha member from Bihar who has also complained about Rahul, said, "I am too a Modi and I felt humiliated.