Indian opposition leader Rahul Gandhi could face jail and loss of MP seat after losing court appeal

A court in western India’s Gujarat state dismissed an appeal filed by opposition leader Rahul Gandhi against his conviction in a defamation case that subsequently led to his disqualification from parliament last month.

The Surat sessions court on Thursday dismissed the 52-year-old Congress leader’s appeal against his conviction in a defamation case for a 2019 election speech mocking the Modi surname.

The case against Gandhi had been filed by a Gujarat Bharatiya Janata Party (BJP) lawmaker Purnesh Modi.

“Why all the thieves, be it Nirav Modi, Lalit Modi or Narendra Modi, have Modi in their names,” Gandhi allegedly said during the rally.

He was referring to fugitive business tycoon Nirav Modi, the Indian prime minister, and former Indian Premier League chief Lalit Modi, respectively.

Dismissing his application, the court said that being a member of parliament and president of the second largest political party, Gandhi should have been more careful with his words, which would have a large impact on the mind of people, reported legal news portal LiveLaw.

The court added that a high standard of morality is expected from Gandhi and his contention that the trial court had been unfair to him was wrong.

“It appears from the record that all opportunities were accorded to Gandhi for cross-examining the witnesses and hence I do not agree with the contentions about him being deprived of a fair trial,” the court remarked.

On 23 March the court sentenced him to two years in jail and subsequently granted him bail and suspended his jail sentence for 30 days, allowing him to appeal.

The sentencing in Gujarat, Modi’s home state, was followed by a parliament notice a day later which said that the lawmaker representing Kerala’s Wayanad constituency stood disqualified as a member of the lower house from the date of his conviction in compliance with constitutional requirements.

The disqualification was seen as a major blow to India’s opposition, just a year before the country is to hold a general election, when Modi will seek a third term in office.

The controversial disqualification was followed by protests both inside and outside parliament against Mr Modi’s ruling BJP.

If his application on Thursday had been allowed by the court then his membership of the Lok Sabha (lower house of parliament) would have been restored, subject to the issuance of notification of the Lok Sabha secretariat.

Addressing a press conference later on Thursday, Congress politician Abhishek Manu Singhvi said that the party will move the high court soon against the decision.

The court’s move to dismiss his stay on the conviction has been condemned by opposition Congress Party.

Congress MP Shashi Tharoor questioned the court’s remarks that Gandhi has not been able to show any exceptional circumstances to grant stay on conviction.

“Isn’t it exceptional enough to get a two-year sentence for criminal defamation? Just long enough to be disqualified from Parliament?”

Gandhi has maintained that he is facing action for asking questions about the prime minister’s relationship with billionaire businessman Gautam Adani, who belongs to Mr Modi’s home state and has often been accused of benefiting from close ties with the prime minister.

After the Surat court’s decision on Thursday, BJP spokesperson Sambit Patra said that the Surat court’s decision marks the victory for common people in India.

Despite his disqualification, Gandhi said last week while visiting his constituency that his relationship with the people will not change.

“BJP can take away my MP tag, my house or put me in jail, but they cannot stop me from representing the people of Wayanad,” he said.