Supreme Court’s Stay Resurrects Rahul Gandhi’s Parliamentary Career
Supreme Court’s Stay Resurrects Rahul Gandhi’s Parliamentary Career
The Supreme Court on Friday stayed Rahul Gandhi’s conviction in a defamation case by a Gujarat court in which he has been sentenced to two years in prison. The stay order effectively overturns the trial court’s conviction and disqualification of Rahul Gandhi, and is a major victory for the Congress leader.
The stay order has implications for the upcoming Lok Sabha elections, as it could allow Rahul Gandhi to return to Parliament. It has also been met with mixed reactions, with some people welcoming the decision and others criticizing it.
Supreme Court Stays Rahul Gandhi’s Conviction
The Supreme Court has stayed Gandhi’s conviction in a defamation case by a Gujarat court in which he has been sentenced to two years in prison. This means that Rahul’s conviction will be kept in abeyance, as though it did not exist. His disqualification from Parliament flowed from the conviction, but with the grant of stay, no grounds any longer exist for the disqualification.
Rahul Gandhi’s Return to Parliament
The disqualification is essentially nullified for now. A Surat Sessions court is currently hearing an appeal against the trial court judgment. Rahul’s disqualification will remain in abeyance until that appeal process is concluded.
This means that there is no need for a byelection to fill the Wayanad Lok Sabha seat. Even though the disqualification is yet to be formally revoked by the Lok Sabha Speaker, the grant of the stay has removed the grounds for the disqualification.
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Rahul can now return to Parliament as a consequence of this decision. His perks as MP should also follow.
The background of this case is that Rahul was campaigning for the Lok Sabha elections in 2019 when he made a speech in Kolar, Karnataka. In the speech, he said that all thieves have the surname “Modi”. This was a rhetorical reference to the fugitive jeweller Nirav Modi and the former cricket administrator Lalit Modi, both of whom face allegations of financial fraud.
A Gujarat BJP leader and former Gujarat state minister, Purnesh Modi, filed a private complaint against Rahul, accusing him of defamation. On March 23, 2023, a trial court found Rahul guilty of criminal defamation and sentenced him to two years in jail. This triggered a provision of the Representation of the People Act, which disqualified Rahul from Parliament.
Rahul appealed against the conviction, but the Gujarat High Court dismissed his appeal. He then moved the Supreme Court, which has now stayed his conviction.
The Supreme Court’s stay order is a significant development in the case, as it effectively overturns the trial court’s conviction and disqualification of Gandhi. This is a major victory for Gandhi, and it will be interesting to see how the appeal process unfolds in the Surat Sessions Court.
Implications of the Stay Order
The stay order also has implications for the upcoming Lok Sabha elections. If Rahul is able to return to Parliament, it will be a major boost for the Congress Party. However, it is important to note that the stay order is only temporary, and the final outcome of the case is still uncertain.
Mixed Reactions to the Stay Order
The stay order has also been met with mixed reactions. Some people have welcomed the decision, arguing that it is a necessary step to ensure that Gandhi’s right to due process is protected. Others have criticized the decision, arguing that it is a miscarriage of justice and that Rahul Gandhi should be held accountable for his actions.
