India: Rahul Gandhi's parliament membership restored days after SC relief

Indian National Congress (INC) leader Rahul Gandhi is officially returning to the parliament after the Lok Sabha Secretariat restored his membership on Monday (August 7).

"In view of orderof the Supreme Court of India, the disqualification of Shri Rahul Gandhihas ceased to operate, subject to further judicial pronouncements," read the notification released by the secretariat.

The decision by the secretariat comes daysafter the Supreme Court put on hold Gandhi's conviction in a 2019 defamation case.

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Watch |Indian Supreme Court stays conviction of Rahul Gandhi in Modi surname remark case

Why was Gandhi convicted?

In March 2023,a city court in the western Indian state of Gujarat convicted Gandhi in a criminal defamation case for his alleged 'Modi surname' remarks.

The Indian MP from Wayanad, a district in the southern Indian state of Kerala, made the alleged remarks while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.

“Why all the thieves, be it Nirav Modi, Lalit Modi or Narendra Modi, have Modi in their names,” remarked the Congress leader.

Afterwards, Gujarat BJP MLA Purnesh Modi filed a criminal defamation suit, arguing that the former INC president defamed the entire Modi community with his statements.

"There is a large number of people with Modi surname. Does it mean all members of the Modi community are thieves? He has defamed the community and also me as I carry the surname," said Purnesh Modi.

After lengthy legal proceedings, thecourt sentenced the Gandhi scion to two years in jail while imposing a fine of Rs 15,000 ($183), under the Indian Penal Code (IPC) Sections 499 (defamation), and 500 (punishment for defamation). However, he was granted bail and allowed to pursue other legal routes.

SC stays the lower court's decision

Afterwards, Congress reached the apex court to overturn the lower court decision. Last week, the SC, after hearing heated arguments from both sides, decided to impose a stay on the order.

“There is no doubt that utterances are not in good taste, person in public life is expected to exercise caution while making public speeches.”

SC added that the trial court judge did not give any reason for imposing the maximum sentence on Gandhi and added that the order of conviction needs to be stayed pending final adjudication.

“Not only was Gandhi’s right to continue in public life affected but also that of the electorate who elected him,” said the court.

After the decision, Gandhi addressed a press conference where he appreciated those who stood in his corner during the ordeal.

"Aaj nahi toh kal, kal nahi toh parson sachai ki jeet hoti hai(Today or tomorrow or the day after, truth always prevails). My path is clear. I am grateful for those who helped us and for the public's love and support towards us."

Congress General Secretary Priyanka Gandhi Vadra, hailing the SC decision, citedGautam Buddha's quotewhich said “Truth cannot be long hidden”.

(With inputs from agencies)

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