On April 20, at around 11.15 am, the Surat Sessions Court dismissed Rahul Gandhi’s plea against his conviction in a defamation case related to the ‘Modi surname’ statement. After this, many questions related to Rahul are arising in the minds of the people. Like- Will Rahul go to jail or will he get bail from the High Court? Will Rahul not be able to contest the 2024 and 2029 elections? Through 7 such questions in, we understand what will happen next in this case –
Question 1: Will Rahul be arrested now after his plea to stay his conviction for defamation is dismissed?
Answer: No, it is not likely.
In this case, Rahul’s lawyer RS Cheema told Dainik Bhaskar that there is no question of Rahul Gandhi’s arrest as of now. On March 23, in the defamation case, Rahul Gandhi was given bail for 30 days along with being sentenced to two years. Within these 30 days, Rahul had to appeal in the higher court.
We appealed against this decision in the sessions court of Surat on 3rd April. Along with this, appealed to stay the sentence and stay the conviction. On the same day, the sessions court granted interim bail to Rahul Gandhi to appeal. In such a situation, he cannot be arrested till the matter goes on in the higher courts.
Rahul Gandhi had filed 3 petitions in the Surat Sessions Court against the lower court’s decision.
1. Main Petition: The judgment of the CJM Court has been challenged. It will be heard on May 3.
2. Second petition: A stay on the sentence of two years was sought. On April 3, the court accepted this petition and granted interim bail to Rahul.
3. Third Petition: A stay on conviction was sought. On 20 April, the Sessions Court of Surat dismissed this petition.
Question 2: What will be the loss to Rahul if the petition to stay the conviction is rejected?
Answer: Rahul Gandhi’s MP will not be restored for the time being. According to the verdict in the Lok Prahari vs Election Commission case, Rahul Gandhi cannot become an MP again until he is barred from conviction. That means a conviction stay is necessary for them. Now Rahul has only the option of appealing in the higher court.
Question 3: When will Rahul Gandhi appeal against this decision in the High Court?
Answer: Rahul Gandhi’s lawyer RS Cheema says that it is for Rahul to decide when he will appeal in the High Court.
However, Congress party leader Jairam Ramesh has said that on April 21, we will approach the High Court. On behalf of Rahul Gandhi, an appeal can be made for a stay on the conviction.
Question 4: If the stay is not granted on conviction, will Rahul not be able to contest the 2024 elections?
Answer: Under Section 8 (3) of the ‘Representation of the People’s Act 1951’, if the MP or MLA is sentenced to 2 years or more for any crime, then his membership ends. He will not be able to contest elections even after 6 years after serving 2 years sentence.
In such a situation, if a stay is not imposed on Rahul Gandhi’s conviction, he will not be able to contest elections for 8 years. Means Rahul will not be able to contest elections in 2024.
Question 5: If the High Court stays the conviction, for how long will Rahul become an MP?
Answer: If there is a stay on the conviction of Rahul Gandhi in the High Court, then his MP can be restored. In 2018, the Supreme Court had said in the case of Lok Prahari vs Union of India that the MP can be restored from the day the stay is imposed on the conviction. For this, they have to appeal to the Lok Sabha Secretariat.
Question 6: If the conviction is upheld by the High Court and the Supreme Court, will Rahul Gandhi never be able to contest elections?
Answer: No, it is not. If the Supreme Court also upholds the sentence, Rahul may have to stay in jail for 2 years. Under Section 8(3) of the Representation of the People Act 1951, Rahul will not be able to contest elections till 6 years after his release. Means Rahul will not be able to contest elections for about 8 years. Rahul Gandhi will not be able to contest two general elections i.e. 2024 and 2029 Lok Sabha elections.
Question 7: What arguments can Rahul give in his defense in the High Court?
Answer: Rahul can give the same 4 arguments in his defense in the High Court which he had given in the Surat Sessions Court…
Argument 1: Purnesh Modi’s name is not among those named by Rahul in his speech, then how is it defamation?
First of all, let us know what words Rahul used in the rally of Kolar, Karnataka during the 2019 Lok Sabha elections-
‘…Nirav Modi, Mehul Choksi, Vijay Mallya, Anil Ambani and Narendra Modi. There is a group of thieves. They take money from your pockets… they snatch money from farmers, small shopkeepers. And give money to those 15 people. Make you stand in line. Money is deposited in the bank and this money is taken away by Nirav Modi. 35,000 crores. Mehul Choksi, Lalit Modi… well a short question. How are the names of all these thieves Modi-Modi-Modi? Nirav Modi, Lalit Modi, Narendra Modi and if they find it now, more Modi will come out….
Here, neither Prime Minister Narendra Modi, nor Nirav Modi, nor Lalit Modi have filed a defamation case against Rahul. The defamation case against Rahul has been filed by Surat BJP MLA Purnesh Modi.
Senior Supreme Court lawyer Virag Gupta says that the Supreme Court, while dismissing the criminal defamation case against Manoj Tiwari in October 2022, said that there must be clear and direct defamation of the victim to make allegations under Section 499.
The names of Nirav, Lalit and Narendra Modi were mentioned in Rahul’s speech, so there is a question about the defamation of MLA Purnesh Modi and the legality of the case filed by him.
In case of defamation, the allegation to hurt the honor of a particular person should be specific. Remarks made in general or remarks covering a wide scope cannot be included in this.
This statement of Rahul is exactly the same as people say in common parlance that politicians are corrupt. In such a situation, if a leader goes to any court of the country and files a case that he has defamed me, then it cannot be called defamation. This is the strongest argument that can be given by Rahul Gandhi in the court.
Argument 2: Gave a speech in Kolar, Karnataka, why the case was registered in Surat?
Virag Gupta says that under Section 202 of CrPC, the jurisdiction of the Magistrate in criminal cases is fixed. Rahul gave a speech with Modi surname in Kolar, Karnataka. The question is, from where did this matter again come under the jurisdiction of Surat’s CJM Court?
No caste named Modi is notified in the central list of OBC in Bihar and Gujarat. That’s why it is difficult to accept Rahul’s statement against OBCs. If the case is tested on this criterion, then Rahul is expected to get relief.
Argument 3 : Can political speech be criminalised?
Virag says that the Supreme Court had said in the Kultar Singh case of 1965 that cases of political rhetoric should be avoided by bringing them under the ambit of crime.
In the 168-page judgment in Gujarati, there is mention of the old decisions of the Supreme Court, but still Rahul Gandhi’s case was brought under the ambit of crime.
For criminal prosecution in defamation, as in this case, it is necessary to establish bad faith and malice.
Argument 4 : Maximum punishment for first offense
There are 10 more criminal defamation cases going on against Rahul. However, he has not been convicted in any other case so far.
That’s why questions are being raised even on the maximum punishment of 2 years for the first offence. In such a situation, if the high court reduces the punishment for even one day, then Rahul’s parliament membership will be restored.
