A defamation case was filed against Rahul Gandhi by Gujarat minister Purnesh Modi. Purnesh represents the Surat West constituency.
New Delhi: While Rahul Gandhi’s conviction in a 2019 defamation case has created flutters in the political corridors, speculations are ripe that he will lose his Lok Sabha membership. While the court has granted him 30 days to appeal against his conviction, here’s a quick look at what the law says.
What had Rahul Gandhi said in 2019
At an election rally in Karnataka, Gandhi had targeted Prime Minister Narendra Modi and Nirav and Lalit Modi and had said, “Why all the thieves have Modi in their names whether be it Nirav Modi, Lalit Modi, and Narendra Modi?”
A defamation case was filed against him by Gujarat minister Purnesh Modi. Purnesh represents the Surat West constituency.
Sections under which Rahul Gandhi was convicted
The sections are which he was tried and convicted are 499 and 500 of the Indian Penal Code.
Section 499: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Also Read: Rahul Gandhi sentenced to two years in prison for ‘Modi’ remark in 2019
Section 500: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Will Rahul Gandhi lose Lok Sabha membership
It is worth noting that the Surat court has granted Gandhi 30 days to appeal against his conviction, thus keeping his membership intact until the higher courts decide on the matter.
Interestingly, the Supreme Court in a separate matter in the Lily Thomas vs Union of India case of 2013 held that a Member of Parliament (MP) or Member of the Legislative Assembly (MLA) and a Member of the Legislative Council (MLA) who is convicted of a crime and given a minimum punishment of two years in prison shall lose his or her membership of the House with immediate effect.
Notably, a few days before the verdict of the fodder scam in 2013, the government had tried to bring in a Bill as an ordinance to not let representatives be disqualified immediately after conviction. Back then, Gandhi had said, “”It is complete nonsense. It should be torn up and thrown away,” he had said.
