The News: Congress leader Rahul Gandhi has been disqualified from the Lok Sabha. This comes after a court in Surat sentenced him to two years in jail in a defamation case on Thursday, filed on a complaint by BJP MLA Purnesh Modi for his alleged remark, “How come all thieves have Modi as the common surname?" You can find latest updates on this story here
What Now? There are some legal remedies available to Rahul Gandhi. Read more on that here. Now, after his disqualification, let’s explore some of the legal options that Gandhi’s legal team may take.
What Does Rahul’s Legal Team Say? During the hearing on the quantum of sentence, Gandhi, when asked about the punishment, submitted before the court that he had delivered the speech as per his duty in the interest of the public. The Congress leader also submitted that he has no discrimination against anybody and loves and cherishes all the people of his country.
Gandhi’s lawyer argued for a lesser punishment claiming there was no intention to insult anyone. Gandhi returned from Surat to the national capital in the evening and was accorded a reception at the domestic airport in Delhi on his arrival.
- Sources told News18 that main points of Rahul’s legal team’s arguments:
- They said the order of the Magistrate court has been ridden with errors.
- They also aim to argue that Representation of People’s Act is aimed to curb the criminalisation of politics, and that ‘criminal defamation is being used as a political tool’. They add that the ‘spirit of the RPA, 1951 has been defeated.’
- According to them, a maximum sentence has been handed in criminal defamation against Rahul, with no cogent reasons.
What Legal Options for Rahul Gandhi? Experts told CNN-News18 that Rahul has some legal options:
What Has Happened in Similar Cases? Let’s take a look at similar cases where leaders have been granted relief after conviction from disqualification.
Addressing the 2024 Question: Senior Advocate Siddharth Luthra told CNN-News18 that the only option Rahul has to be able to fight the 2024 elections is to challenge his conviction. After seeking a stay on his conviction, he could approach the Lok Sabha speaker asking him to put his disqualification order under abeyance until the deciding of his appeal, Luthra said. If the conviction is not stayed, he will not be able to fight the 2024 polls.
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