| 07 July 2023
The Gujarat High Court has dealt a blow to Indian opposition leader Rahul Gandhi by rejecting his appeal for a stay on his conviction in a criminal defamation case. Mr. Gandhi, a prominent figure in the Congress party, was sentenced to two years in jail in March after making comments about Prime Minister Narendra Modi's surname during an election rally in 2019. The conviction led to his disqualification as a Member of Parliament (MP).
In response to the high court's decision, the Congress party announced that Mr. Gandhi would appeal to the Supreme Court. However, until he exhausts all legal avenues, his arrest has been put on hold. Nevertheless, the ruling signifies a setback for Mr. Gandhi as it bars him from contesting the upcoming national elections slated for next year.
The Gujarat High Court justified its dismissal of the appeal by asserting that Mr. Gandhi's conviction was "just and proper." This decision poses a significant obstacle for the Congress leader, given that it upholds his disqualification as an MP. The conviction stemmed from comments made by Mr. Gandhi during an election rally in Karnataka state, where he asked why individuals involved in scandals shared the surname "Modi," mentioning figures such as fugitive diamond tycoon Nirav Modi and former Indian Premier League chief Lalit Modi.
The criminal defamation case against Mr. Gandhi was filed by BJP lawmaker Purnesh Modi, who alleged that the comments had defamed the entire Modi community. In response, Mr. Gandhi clarified that his remarks were meant to highlight corruption and were not intended to target any specific community. The Congress party denounced Mr. Gandhi's conviction, labeling it a result of political vendetta by the ruling Bharatiya Janata Party (BJP). However, the BJP refuted these claims, asserting that the legal proceedings had adhered to due process.
Addressing the media after the court's decision, Abhishek Manu Singhvi, a prominent party leader and lawyer, emphasized that the case was fundamentally about freedom of speech and expression. Singhvi argued that the government was using the law of defamation to suppress these fundamental rights and control the freedom of expression.
Party president Mallikarjun Kharge expressed his unwavering support for Mr. Gandhi, stating that he was "fighting for truth" and would continue to do so. Mr. Gandhi lost his parliamentary seat immediately after his conviction on March 23, as per a Supreme Court order stipulating that lawmakers convicted of a crime and sentenced to two or more years in jail are disqualified with immediate effect.
The developments surrounding Mr. Gandhi's conviction have sparked a heated political debate in India. While his supporters argue that the ruling inhibits free speech and unfairly targets the opposition, critics maintain that the legal process was followed correctly and that Mr. Gandhi's comments amounted to defamation. As the case heads to the Supreme Court, the outcome will not only determine Mr. Gandhi's political fate but also have broader implications for the intersection of freedom of speech and the limits of political discourse in India.
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