In a big win for Rahul Gandhi that paved the way for his re-entry in Parliament, the Supreme Court on August 4 stayed the conviction of the former Congress President in the defamation case, which cost him his Lok Sabha membership. The top court said that no reasons were given by the trial judge for imposing the maximum punishment of two years while convicting Gandhi. Although there’s no specific time-frame for the reinstatement of a disqualified member even when all conditions for the same have been met. First, a formal copy of the Supreme Court’s order will be received by the officers of the Lok Sabha Secretariat, who after studying the details therein, would issue a formal order for restoring the Lok Sabha membership of Rahul Gandhi.
Gandhi was disqualified as an MP in March, after a Surat court on March 23, 2023 convicted him and sentenced him to two years in prison for his “How come all thieves have Modi as the common surname” remark made during an election rally in Kolar, Karnataka on April 13, 2019. Gandhi’s remark was interpreted as an attempt to draw an implicit connection between Prime Minister Narendra Modi and fugitive businessmen Nirav Modi and Lalit Modi. Former Gujarat minister Purnesh Modi had filed a criminal defamation case in 2019 against Gandhi over his remark. A notification issued by the Lok Sabha Secretariat prior said Gandhi “stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023”.
Gandhi had moved the Gujarat High Court seeking a stay on his conviction. However, his plea was dismissed by the High Court on July 7. Now that the stay has been granted by the top court on Gandhi’s conviction, it will be sufficient to restore his Lok Sabha membership. The Congress leader can also now contest polls freely. Gandhi’s Wayanad seat from Kerala has remained vacant post his disqualification as Lok Sabha Member of Parliament in March 2023. Gandhi has repeatedly refused to apologise for his Modi surname remark but urged the Supreme Court to stay his conviction in the criminal defamation case stemming from his comment, asserting he is not guilty.
The Supreme Court’s order is strictly a temporary relief for Gandhi and in no way equals to a pardon or remittance of sentence. The order has merely put his conviction on hold, however, the defamation case against him will continue in the Surat sessions court. The Congress leader has filed an appeal for the cancellation of his conviction at the sessions court and the stay order from the Supreme Court only stays in force till the Surat court passes a judgement on his appeal. However, Gandhi’s return to Parliament came as a shot in the arm for the opposition parties a year ahead of parliamentary elections. It will galvanise the newly formed alliance of 26 parties called “INDIA” (Indian National Developmental Inclusive Alliance) to jointly take on the BJP in 2024.
