After Conviction In Defamation Case, Will Rahul Gandhi Be Disqualified As MP? What The Law Says
The Congress party has said that it will challenge an "erroneous and unsustainable" order by a court in Surat, Gujarat which convicted Rahul Gandhi in a defamation case and sentenced him to two years imprisonment.
Rahul Gandhi was sentenced to two years in jail by the court in the 2019 criminal defamation case over his "Modi surname" remark, in a setback to the Lok Sabha MP from Kerala's Wayanad, who faces the risk of disqualification.?
Rahul Gandhi?convicted under IPC's Sections 499 and 500
He was convicted under IPC's Sections 499 and 500; the maximum possible punishment under these sections is two years.
The Supreme Court, in a 2013 verdict, had said that any MP or MLA stands disqualified from the time of his conviction if a sentence of two or more years is pronounced.
Following Rahul Gandhi's conviction by the Surat court on Thursday, Vineet Jindal, activist and Supreme Court lawyer, filed a complaint with Lok Sabha Speaker, seeking the disqualification of the Congress leader from the house.
The court, however, had given Rahul Gandhi a bail of 30 days to file an appeal.
May not face immediate disqualification??
According to legal experts, Rahul Gandhi does not face immediate disqualification, as the court has allowed him to file an appeal challenging the sentence.
They said that Rahul Gandhi would challenge the CJM court order in the sessions court, and if he cannot get relief there, he can move to the high court. While filing the appeal against the trial court order in higher courts, chances are very slim that disqualification proceedings would be initiated against him.
What the law says?
As per Section 8(3) in The Representation of the People Act (RPA), 1951: "A disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court."
Previous cases?
Senior lawyer and constitutional law expert Rakesh Dwivedi referred to the apex court's 2013 and 2018 judgements in the Lily Thomas and the Lok Prahari matters, respectively and said the suspensions of sentence and stay of conviction were necessary to escape disqualification as a lawmaker under the Representation of the People (RP) Act.
"The appellate court can suspend the conviction and the sentence and grant him bail. In that case there will be no disqualification," he said, adding "However, the politicians must choose their words carefully to avoid getting entangled with law."
Could be disqualified for eight years?
PDT Achari, former Lok Sabha Secretary General and Constitution expert, said the disqualification period begins as soon as the sentence is announced. He said Gandhi is free to appeal and if the appellate court stays the conviction and the sentence, then the disqualification will remain suspended.
The disqualification continues six years after the sentence is completed or served. "That means the disqualification will last for eight years (in case he is disqualified)," he said, adding that a disqualified person can neither contest, poll or vote for a certain period.
He pointed out that disqualification arises out of the sentence, not conviction alone. "Therefore, if the sentence has been suspended by the trial court itself, that means his membership does not get affected. The disqualification has not come into effect," he said.
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