Explained — With SC's Stay On Conviction In Modi Surname Case, Can Rahul Gandhi Fight 2024 Lok Sabha Polls?
The Supreme Court order in the matter holds a lot of significance as Congress leader Rahul Gandhi has been given a stay in conviction which was essential for him to be reinstated as a Lok Sabha member.
In a significant turn of events, the Supreme Court on Friday granted a major reprieve to Congress leader Rahul Gandhi by staying his conviction in a 2019 defamation case related to his Modi surname remark. This decision paves the way for the reinstatement of his Lok Sabha membership. Following the apex court's ruling, Congress Lok Sabha leader Adhir Ranjan Chowdhury promptly met with Lok Sabha speaker Om Birla to request the restoration of Rahul Gandhi's status as a Member of Parliament.
During the hearing, a three-judge bench consisting of Justices B R Gavai, P S Narasimha, and Sanjay Kumar underscored that the provisions of the Representation of People Act came into play solely due to the maximum sentence of two years awarded. The bench highlighted that if the sentence had been one day shorter, the Act's provisions would not have been applicable, particularly in cases of non-cognisable, bailable, and compoundable offences, as reported by news agency PTI.
The bench noted, "The trial court judge was expected, at the very least, to provide reasons for imposing the maximum sentence. Although the appellate court and high court have dedicated extensive pages to rejecting the stay on conviction, these considerations were not addressed in their orders," according to PTI.
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Why Rahul Gandhi Was Disqualified As Lok Sabha MP In The 'Modi Surname' Defamation Case
As previously stated, the Supreme Court mentioned the fact that since Surat court awarded a two-year jail sentence to Rahul Gandhi after convicting him in the 2019 criminal defamation case, he was disqualified as per Section 8 of the Representation of People Act. A sentence of less than two years, even if short of a day, would have saved the Congress leader's position as the elected Lok Sabha member from Kerala's Wayanad.
“A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.],” a landmark Supreme Court order on disqualification of elected representatives states.
The apex court in today's hearing also emphasised that Rahul Gandhi's conviction and subsequent disqualification not only affected his right to continue in public life but also that of the electorate who elected him to represent their constituency, PTI reported.
To be able to get his status as a Lok Sabha MP back along with its accompanied privileges, the Congress leader had to secure not just a stay in sentencing but a stay in conviction, which were denied to him by the Sessions Court in Surat as well as the Gujarat High Court.
Suspension Of Sentence Vs Suspension Of Conviction
The Supreme Court's decision to stay Rahul Gandhi's conviction holds immense importance. In practical terms, a suspension of a sentence occurs when a court finds an accused guilty and imposes a sentence, but upon the accused's appeal, the execution of the sentence is temporarily postponed, potentially leading to bail for the convicted individual. In such instances, the sentence is deferred until the appeal against the conviction is resolved.
On the other hand, the suspension of conviction involves not only suspending the sentence but also placing the conviction order on hold. In this scenario, the convict does not face any consequences of the conviction until the appeal is definitively resolved.
Rahul Gandhi Can Return To Parliament And Fight Lok Sabha Election 2024
The Election Commission of India (ECI) in 2013 issued a letter of clarification regarding disqualification for conviction under Section 8 of the Representation of the People Act, 1951.
"In cases where a person is convicted and the conviction along with sentence awarded results in disqualification, under subsection (1), (2) or (3) of Section 8, and if the Higher Court, on appeal, stays the operation of only the execution of sentence of imprisonment passed by the Trial Court, then the stay on the execution of sentence so granted by Higher Court and release of the convicted person on bail will not have the effect of suspension of disqualification. In other words, the disqualification will continue to be applicable in such cases; (ii) In cases where not just the operation of the sentence but, the conviction is also specifically stayed, then the disqualification will also remain suspended," the ECI letter states.
Now, Rahul Gandhi or his representative will have to submit a copy of the Supreme Court order to the Lok Sabha Secretariat. As per PTI, former Lok Sabha Secretary General P D T Achari informed that once the secretariat gets the order, it would initiate the process to issue a notification revoking his disqualification.
The notification will officially restore Rahul Gandhi's status as a Lok Sabha member from Wayanad and he will be able to participate in the Parliamentary sessions.
As per the aforementioned ECI letter, the Congress leader also stands eligible to contest the next Lok Sabha election set to be held in 2024.
The Supreme Court in its order stressed that the trial judge was expected to provide reasons for imposing maximum punishment for a non-cognisable offence.
Pendency of appeal would not come in the way of the appellate court in deciding the appeal in accordance with the law, the SC bench stated, as reported by legal news platform Bar & Bench.
Meanwhile, BJP leader and complainant in the case Purnesh Modi said that the legal battle in the defamation matter will continue.
"We respect the court's order. But we will continue our legal battle," the BJP leader said.
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