Conviction 'paused' as Rahul Gandhi files appeal in defamation case - What happens next?
2 min read . Updated: 03 Apr 2023, 04:51 PM IST
PremiumThe court has suspended his prison sentence while Indian opposition leader Rahul Gandhi appeals his conviction in the controversial defamation case.
Congress leader Rahul Gandhi filed an appeal against his conviction in a 2019 criminal defamation case on Monday. The recently ousted MP was accompanied by a slew of top Congress leaders and Chief Ministers as he flew to Surat and appeared before the sessions court. Gandhi's bail term has now been extended, with the court slated to hear the matter in May.
Gandhi's legal team filed the appeal shortly before he reached the court and sought bail. The senior Congress leader had been convicted on March 23 and sentenced to two years in jail. The move - which provoked Opposition fury and protests in various parts of the country - was followed less than a day later by his disqualification from the Lok Sabha.
The court had granted him bail and suspended the sentence for 30 days to appeal in a higher court.
While Gandhi remains disqualified from the Lok Sabha, the legal proceedings have been ‘paused’ for the moment. This does not however mean that he will be reinstated as Wayanad MP or be able to contest other elections at this time.
The Surat Court has extended his bail till April 13 and the case is slated to be heard on May 3. The sessions court also asked respondents to file a reply by April 10 in the defamation case.
The 52-year-old Congress leader will not be required to appear in court for the next hearing.
Put more simply, the latest orders from the court suggest that Gandhi will remain free until appeals on the defamation case conclude. This is also different from a ‘stay’ on the verdict that would make Gandhi once again eligible to contest elections. However, it is pertinent to note that even a ‘stay’ order will not render the conviction non-existent, merely non-operative.
The RP Act holds that an MP or MLA convicted for any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction. Gandhi will not be able to contest elections for eight years unless a higher court stays his conviction and sentence.
(With inputs from agencies)