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Tag: Rahul defamation case

  • ‘Court docket procedures are used for political agendas’: Sibal slams conviction after SC aid to Rahul

    Via PTI

    NEW DELHI: With the Splendid Court docket staying Congress chief Rahul Gandhi’s conviction in a defamation case, Rajya Sabha MP Kapil Sibal on Saturday mentioned he had said previous that the conviction was once unwarranted and rued that “courtroom procedures are used for political agendas.”

    Gandhi on Friday were given an enormous aid from the Splendid Court docket after it stayed his conviction in a 2019 felony defamation case over his Modi surname observation and cleared the path for his reinstatement as a Lok Sabha MP.

    The keep which can even permit Gandhi, 53, to contest the 2024 Lok Sabha elections was once given at the grounds that the trial courtroom in Surat in Gujarat failed to provide an explanation for why he deserved the utmost two-year punishment upon his conviction that resulted in his disqualification from the Decrease Space of Parliament.

    In a tweet, Sibal mentioned, “Splendid Court docket remains Rahul’s conviction. At the day Rahul was once convicted I publicly mentioned the conviction is unwarranted and won’t stand. The explanation I gave is what the Splendid Court docket mentioned the day past.”

    “Unlucky that courtroom procedures are used for political agendas!” he mentioned.

    Splendid Court docket
    Remains Rahul’s conviction

    At the day Rahul was once convicted I publicly mentioned the conviction is unwarranted and won’t stand

    The explanation I gave is what the Splendid Court docket mentioned the day past

    Unlucky that courtroom procedures are used for political agendas !

    — Kapil Sibal (@KapilSibal) August 5, 2023

    On Friday, the highest courtroom, whilst granting Gandhi the relaxation, mentioned no reason why was once given through the trial courtroom pass judgement on whilst convicting him excluding that he was once admonished through the apex courtroom in a contempt case. The SC bench additionally famous that the sentence shouldn’t have attracted disqualification had it been an afternoon lesser.

    “Had the sentence been an afternoon lesser, provisions shouldn’t have been attracted, in particular when an offence is non-cognisable, bailable and compoundable,” the SC bench had mentioned.

    It mentioned the least the trial courtroom pass judgement on was once anticipated to do was once give some causes for enforcing the utmost sentence supplied underneath the defamation act that resulted in Gandhi being awarded a time period of 2 years in prison, having attracted the provisions of the electoral regulation that envisages computerized disqualification of an MLA or MP sentenced to 2 years in prison.

    The apex courtroom additionally famous that the appellate courtroom and prime courtroom didn’t believe those facets whilst passing orders denying Gandhi aid.

    Sibal, who was once a Union minister all through UPA I and II, give up the Congress in Would possibly remaining yr and was once elected to the Rajya Sabha as an Impartial member with the Samajwadi Celebration’s beef up. He has floated a non-electoral platform ‘Insaaf’ geared toward preventing injustice.

    (With further inputs from On-line Table)

    NEW DELHI: With the Splendid Court docket staying Congress chief Rahul Gandhi’s conviction in a defamation case, Rajya Sabha MP Kapil Sibal on Saturday mentioned he had said previous that the conviction was once unwarranted and rued that “courtroom procedures are used for political agendas.”

    Gandhi on Friday were given an enormous aid from the Splendid Court docket after it stayed his conviction in a 2019 felony defamation case over his Modi surname observation and cleared the path for his reinstatement as a Lok Sabha MP.

    The keep which can even permit Gandhi, 53, to contest the 2024 Lok Sabha elections was once given at the grounds that the trial courtroom in Surat in Gujarat failed to provide an explanation for why he deserved the utmost two-year punishment upon his conviction that resulted in his disqualification from the Decrease Space of Parliament.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    In a tweet, Sibal mentioned, “Splendid Court docket remains Rahul’s conviction. At the day Rahul was once convicted I publicly mentioned the conviction is unwarranted and won’t stand. The explanation I gave is what the Splendid Court docket mentioned the day past.”

    “Unlucky that courtroom procedures are used for political agendas!” he mentioned.

    Splendid Court docket
    Remains Rahul’s conviction
    At the day Rahul was once convicted I publicly mentioned the conviction is unwarranted and won’t stand
    The explanation I gave is what the Splendid Court docket mentioned the day past
    Unlucky that courtroom procedures are used for political agendas !
    — Kapil Sibal (@KapilSibal) August 5, 2023
    On Friday, the highest courtroom, whilst granting Gandhi the relaxation, mentioned no reason why was once given through the trial courtroom pass judgement on whilst convicting him excluding that he was once admonished through the apex courtroom in a contempt case. The SC bench additionally famous that the sentence shouldn’t have attracted disqualification had it been an afternoon lesser.

    “Had the sentence been an afternoon lesser, provisions shouldn’t have been attracted, in particular when an offence is non-cognisable, bailable and compoundable,” the SC bench had mentioned.

    It mentioned the least the trial courtroom pass judgement on was once anticipated to do was once give some causes for enforcing the utmost sentence supplied underneath the defamation act that resulted in Gandhi being awarded a time period of 2 years in prison, having attracted the provisions of the electoral regulation that envisages computerized disqualification of an MLA or MP sentenced to 2 years in prison.

    The apex courtroom additionally famous that the appellate courtroom and prime courtroom didn’t believe those facets whilst passing orders denying Gandhi aid.

    Sibal, who was once a Union minister all through UPA I and II, give up the Congress in Would possibly remaining yr and was once elected to the Rajya Sabha as an Impartial member with the Samajwadi Celebration’s beef up. He has floated a non-electoral platform ‘Insaaf’ geared toward preventing injustice.

    (With further inputs from On-line Table)

  • Just about fifty years later, Rahul follows in grandma Indira’s footsteps with disqualification

    Specific Information Carrier

    The disqualification of Congress chief Rahul Gandhi from the Lok Sabha isn’t the primary involving a member of his circle of relatives. Just about 5 a long time in the past, his grandmother after which High Minister Indira Gandhi additionally misplaced her MP standing, following a ruling of the Allahabad Top Court docket, which discovered her to blame of electoral malpractices within the 1971 basic elections.

    The momentous Top Court docket verdict got here on June 12, 1975, following a petition filed by means of Raj Narain, whom she had defeated in Rae Bareli, accusing her of the use of corrupt practices to win the election. In a primary for a sitting Indian PM, Indira Gandhi was once herself cross-examined within the Top Court docket.

    ALSO READ | Disqualified as a result of PM Modi is scared over my subsequent speech on Adani: Rahul Gandhi

    Justice Jagmohanlal Sinha dominated that the PM was once to blame of misusing govt equipment for her election marketing campaign. The HC no longer most effective put aside her election to the Lok Sabha but in addition disqualified her from contesting elections for the following six years.

    When Indira Gandhi challenged the verdict within the Best Court docket, Justice VR Krishna Iyer upheld the judgement on June 24. What came about subsequent is widely recognized. The Opposition led by means of Jayaprakash Narayan referred to as for protests and held a large rally in Delhi. This unnerved the PM who coaxed President Fakhruddin Ali Ahmed to claim a state of emergency on June 25.

    ALSO READ | Who’re the folk inside of Congress in need of to eliminate Rahul, wonders Anurag Thakur

    Indira Gandhi after all referred to as for basic elections in 1977 after extending the state of emergency two times. She stood from Rae Bareli once more however this time misplaced by means of over 50,000 votes to the similar Raj Narain who due to this fact changed into Minister for Well being and Circle of relatives Welfare within the Morarji Desai govt.

    Coming again to the current, two days after his conviction in a defamation case, Rahul Gandhi is but to record an attraction in the next courtroom. It continues to be noticed whether or not, in contrast to his grandmother, he’s going to get his disqualification quashed when the attraction is made.

    ALSO WATCH |

    The disqualification of Congress chief Rahul Gandhi from the Lok Sabha isn’t the primary involving a member of his circle of relatives. Just about 5 a long time in the past, his grandmother after which High Minister Indira Gandhi additionally misplaced her MP standing, following a ruling of the Allahabad Top Court docket, which discovered her to blame of electoral malpractices within the 1971 basic elections.

    The momentous Top Court docket verdict got here on June 12, 1975, following a petition filed by means of Raj Narain, whom she had defeated in Rae Bareli, accusing her of the use of corrupt practices to win the election. In a primary for a sitting Indian PM, Indira Gandhi was once herself cross-examined within the Top Court docket.

    ALSO READ | Disqualified as a result of PM Modi is scared over my subsequent speech on Adani: Rahul Gandhigoogletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    Justice Jagmohanlal Sinha dominated that the PM was once to blame of misusing govt equipment for her election marketing campaign. The HC no longer most effective put aside her election to the Lok Sabha but in addition disqualified her from contesting elections for the following six years.

    When Indira Gandhi challenged the verdict within the Best Court docket, Justice VR Krishna Iyer upheld the judgement on June 24. What came about subsequent is widely recognized. The Opposition led by means of Jayaprakash Narayan referred to as for protests and held a large rally in Delhi. This unnerved the PM who coaxed President Fakhruddin Ali Ahmed to claim a state of emergency on June 25.

    ALSO READ | Who’re the folk inside of Congress in need of to eliminate Rahul, wonders Anurag Thakur

    Indira Gandhi after all referred to as for basic elections in 1977 after extending the state of emergency two times. She stood from Rae Bareli once more however this time misplaced by means of over 50,000 votes to the similar Raj Narain who due to this fact changed into Minister for Well being and Circle of relatives Welfare within the Morarji Desai govt.

    Coming again to the current, two days after his conviction in a defamation case, Rahul Gandhi is but to record an attraction in the next courtroom. It continues to be noticed whether or not, in contrast to his grandmother, he’s going to get his disqualification quashed when the attraction is made.

    ALSO WATCH |

  • Rahul stands disqualified from contesting LS, Meeting polls for 8 years with out HC reduction: Professional

    Meeting and parliamentary bypolls are have shyed away from if the remainder time period of the Home is for not up to three hundred and sixty five days.

    NEW DELHI: Congress chief Rahul Gandhi on Friday stood disqualified from contesting Lok Sabha and Meeting elections for 8 years except a better courtroom remains his conviction, a professional on electoral rules stated.

    Bringing up Phase 8 of the Illustration of the Other folks Act, the skilled stated the disqualification shall be for 8 years — two years of the prison time period awarded through the courtroom and every other six years from the date of his unlock as prescribed within the legislation.

    Prison time period of 2 years or extra draws disqualification below the Act.

    “He stands disqualified for a complete length of 8 years except a better courtroom remains his conviction,” stated a former Election Fee reliable who’s a professional on electoral rules.

    He additionally stated “technically” the Election Fee can hang a bypoll to the Wayanad Lok Sabha seat in Kerala as there’s multiple 12 months earlier than the time period of the current Lok Sabha expires someday in June subsequent 12 months.

    Meeting and parliamentary bypolls are have shyed away from if the remainder time period of the Home is for not up to three hundred and sixty five days.

    The skilled, who didn’t need to be named, felt that the EC is prone to look ahead to the 30-day length granted through the courtroom to permit the previous Congress president to report an enchantment in opposition to the conviction.

    Gandhi was once disqualified from Lok Sabha on Friday, an afternoon after he was once convicted through a Surat courtroom in a 2019 felony defamation case.

    Saying his disqualification, the Lok Sabha Secretariat in a notification stated that it was once efficient from March 23, the day of his conviction.

    ALSO READ | Defamation case: Rahul Gandhi disqualified as MP; is also barred from contesting polls for 8 years

    “Consequent upon his conviction through the Court docket of Leader Judicial Justice of the Peace, Surat. Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala stands disqualified from the club of Lok Sabha from the date of his conviction i.e.23 March 2023,” the notification learn.

    The courtroom in Surat sentenced on Thursday Gandhi to 2 years in prison in a defamation case, filed on a criticism through BJP MLA Purnesh Modi for his alleged “Modi surname” commentary.

    The Surat courtroom additionally granted him bail and suspended the sentence for 30 days to permit him to enchantment in a better courtroom.

    Gandhi is the second one member of Lok Sabha, after Lakshadweep MP P P Mohammed Faisal of the Nationalist Congress Birthday celebration, to were disqualified within the contemporary previous following conviction.

    The Kavaratti periods courtroom in Lakshadweep had sentenced 4 individuals, together with Mohammed Faizal to ten years in prison when they had been discovered accountable in an attempt-to-murder case.

    Following the conviction, Faizal was once disqualified. On the other hand, the Kerala Prime Court docket later suspended his conviction and sentence.

    Consistent with the MP, the Lok Sabha Secretariat is but to factor a notification revoking his disqualification.

    Mohd Azam Khan of the Samajwadi Birthday celebration was once disqualified as a member of the Uttar Pradesh Legislative Meeting following his conviction in a hate speech case.

    ALSO READ | ‘Modi surname’ case: Rahul Gandhi sentenced to 2 years in prison, has 30 days to enchantment

    His son Abdullah Azam, additionally an SP MLA in UP, was once disqualified after being convicted in a case associated with the assault on policemen.

    BJP’s Vikram Saini was once disqualified from the Uttar Pradesh Meeting following his conviction remaining 12 months in a Muzaffarnagar riots case.

    RJD supremo Lalu Prasad Yadav and previous Tamil Nadu leader minister J Jayalalithaa too have confronted disqualification from Parliament and Meeting respectively following their convictions.

  • Will Rahul be disqualified as MP after court docket verdict? Now not so rapid, says constitutional skilled

    By means of Categorical Information Provider

    THIRUVANANTHAPURAM: Senior Congress chief Rahul Gandhi’s conviction for 2 years by way of a Surat court docket has ended in a debate on whether or not he stands disqualified as an MP. Going by way of the Illustration of Folks Act 1951, conviction in a legal case will result in rapid disqualification. On the other hand, Article 103 of the Charter, which says the President shall take a last name on whether or not a member of Parliament is topic to disqualification, may provide some respite to Gandhi.

    Constitutional skilled and previous secretary normal of Lok Sabha PDT Achary says the topic is open to interpretation. Going by way of the legislation, if one is convicted and sentenced to imprisonment for 2 years or extra, he’ll be disqualified right away. Previous, beneath the Illustration of Folks Act, there was once a three-month window to be had to sitting individuals, throughout which they are able to document an attraction. If the attraction is disposed of, the disqualification does now not practice.

    ALSO READ | ‘Dictator’ BJP government rattled, says Congress leader Kharge after Rahul will get two-year prison time period 

    In 2013, whilst bearing in mind the Lily Thomas case, the Ideally suited Court docket discovered the three-month window unconstitutional and so struck it off. This implies as quickly because the sentence is introduced, the duration of disqualification starts.

    Achary identified sure different sides too. “If Gandhi is going for an attraction, and the appellate court docket remains the order, it approach the disqualification stands suspended. Assume there is a hole of ten days, will he stay a member or now not throughout the ones days – that’s not transparent,” he mentioned.

    He additionally famous any other Constitutional provision. Below Article 103, the President has to claim whether or not a sitting member of both Space of Parliament is topic to disqualification. As consistent with the Constitutional provision, a choice on disqualification might be taken by way of the President.

    ALSO READ | Does Congress need whole freedom for Rahul to abuse other people: BJP

    “If anyone approaches the President asking whether or not this guy stands disqualified or now not, then the President has to inspect it in session with the Election Fee. The ECI will give its opinion and the President has abide by way of it,” he added. “On this case, automated disqualification won’t happen. However this could now not be in consonance with the apex court docket’s ruling. This offers upward thrust to ambiguity,” he seen.  

    Achary additional identified that the trial court docket itself has suspended the sentence for a month. The disqualification is immediately associated with the duration of sentence. Due to this fact logically if the sentence is suspended, the disqualification process would routinely stand suspended.

    THIRUVANANTHAPURAM: Senior Congress chief Rahul Gandhi’s conviction for 2 years by way of a Surat court docket has ended in a debate on whether or not he stands disqualified as an MP. Going by way of the Illustration of Folks Act 1951, conviction in a legal case will result in rapid disqualification. On the other hand, Article 103 of the Charter, which says the President shall take a last name on whether or not a member of Parliament is topic to disqualification, may provide some respite to Gandhi.

    Constitutional skilled and previous secretary normal of Lok Sabha PDT Achary says the topic is open to interpretation. Going by way of the legislation, if one is convicted and sentenced to imprisonment for 2 years or extra, he’ll be disqualified right away. Previous, beneath the Illustration of Folks Act, there was once a three-month window to be had to sitting individuals, throughout which they are able to document an attraction. If the attraction is disposed of, the disqualification does now not practice.

    ALSO READ | ‘Dictator’ BJP government rattled, says Congress leader Kharge after Rahul will get two-year prison time period googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    In 2013, whilst bearing in mind the Lily Thomas case, the Ideally suited Court docket discovered the three-month window unconstitutional and so struck it off. This implies as quickly because the sentence is introduced, the duration of disqualification starts.

    Achary identified sure different sides too. “If Gandhi is going for an attraction, and the appellate court docket remains the order, it approach the disqualification stands suspended. Assume there is a hole of ten days, will he stay a member or now not throughout the ones days – that’s not transparent,” he mentioned.

    He additionally famous any other Constitutional provision. Below Article 103, the President has to claim whether or not a sitting member of both Space of Parliament is topic to disqualification. As consistent with the Constitutional provision, a choice on disqualification might be taken by way of the President.

    ALSO READ | Does Congress need whole freedom for Rahul to abuse other people: BJP

    “If anyone approaches the President asking whether or not this guy stands disqualified or now not, then the President has to inspect it in session with the Election Fee. The ECI will give its opinion and the President has abide by way of it,” he added. “On this case, automated disqualification won’t happen. However this could now not be in consonance with the apex court docket’s ruling. This offers upward thrust to ambiguity,” he seen.  

    Achary additional identified that the trial court docket itself has suspended the sentence for a month. The disqualification is immediately associated with the duration of sentence. Due to this fact logically if the sentence is suspended, the disqualification process would routinely stand suspended.

  • ‘Dictator’ BJP executive rattled, says Congress leader Kharge after Rahul will get two-year prison time period

    By way of Categorical Information Carrier

    THIRUVANANTHAPURAM: After a courtroom in Gujarat sentenced Congress chief Rahul Gandhi to 2 years in prison in a prison defamation case, Congress President Mallikarjun Kharge mentioned the BJP executive was once rattled by means of the Opposition.

    “Coward, dictator BJP executive is rattled by means of Rahul Gandhi and the opposition as a result of we’re exposing their unhealthy deeds by means of challenging JPC. Modi executive has long gone politically bankrupt. It sends ED, police and resorts circumstances in opposition to speeches. We can enchantment in upper courts,” Kharge tweeted.

    The Leader Judicial Justice of the Peace courtroom in Surat passed out the sentence to Rahul in a prison defamation case.

    ALSO READ | ‘Modi surname’ case: Rahul reacts to to blame verdict, quotes Gandhiji in tweet

    Then again, the courtroom granted him bail and suspended the sentence for 30 days to permit the Congress chief to enchantment in a better courtroom.

    The Congress chief had made the ‘Modi surname” statement all through an election rally in Karnataka within the run-up to the Lok Sabha election in 2019. Rahul had allegedly remarked “how come the entire thieves have Modi as the average surname” all through the rally.

    Mins after the courtroom verdict, Rahul’s sister and Congress basic secretary Priyanka Gandhi Vadra additionally tweeted, accusing the BJP of looking to frighten Rahul into silence.

    “The entire equipment is attempting to suppress the voice of Rahul Gandhiji. My brother hasn’t ever been afraid, has lived talking the reality and can proceed to talk the reality,” she tweeted.

    “Rahul Gandhi has all the time fought fearlessly in opposition to the authoritarian BJP regime. This coward executive can take a look at all its grimy ways, however they won’t be able to silence us,” tweeted AICC basic secretary (organisation) KC Venugopal, who may be an in depth confidant of Rahul.  

    He added that the Congress has complete religion within the judiciary. “However we will be able to problem this verdict, the reality will be successful!” he tweeted.

    ALSO READ | Gehlot says judiciary beneath power, ‘Modi surname’ statement by means of Rahul was once simply ‘political’ remark

    In Kerala, there was once an outcry amongst Congres leaders over the decision. KPCC president and Kannur MP Ok Sudhakaran mentioned Rahul Gandhi knew no concern and can’t be silenced.

    “All the gadget has became in opposition to Rahul Gandhi as a result of his uncompromising combat in opposition to the darkish forces that experience captured the country’s establishments. The charter is our holy e book and we will be able to stay combating. Daro mat!” Sudhakaran tweeted.

    “Fact, honesty and goodness will be successful. Rahul Gandhi and Congress will proceed to battle the darkish forces. We consider in charter and judiciary,” mentioned Kerala’s chief of the opposition VD Satheesan.

    THIRUVANANTHAPURAM: After a courtroom in Gujarat sentenced Congress chief Rahul Gandhi to 2 years in prison in a prison defamation case, Congress President Mallikarjun Kharge mentioned the BJP executive was once rattled by means of the Opposition.

    “Coward, dictator BJP executive is rattled by means of Rahul Gandhi and the opposition as a result of we’re exposing their unhealthy deeds by means of challenging JPC. Modi executive has long gone politically bankrupt. It sends ED, police and resorts circumstances in opposition to speeches. We can enchantment in upper courts,” Kharge tweeted.

    The Leader Judicial Justice of the Peace courtroom in Surat passed out the sentence to Rahul in a prison defamation case.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    ALSO READ | ‘Modi surname’ case: Rahul reacts to to blame verdict, quotes Gandhiji in tweet

    Then again, the courtroom granted him bail and suspended the sentence for 30 days to permit the Congress chief to enchantment in a better courtroom.

    The Congress chief had made the ‘Modi surname” statement all through an election rally in Karnataka within the run-up to the Lok Sabha election in 2019. Rahul had allegedly remarked “how come the entire thieves have Modi as the average surname” all through the rally.

    Mins after the courtroom verdict, Rahul’s sister and Congress basic secretary Priyanka Gandhi Vadra additionally tweeted, accusing the BJP of looking to frighten Rahul into silence.

    “The entire equipment is attempting to suppress the voice of Rahul Gandhiji. My brother hasn’t ever been afraid, has lived talking the reality and can proceed to talk the reality,” she tweeted.

    “Rahul Gandhi has all the time fought fearlessly in opposition to the authoritarian BJP regime. This coward executive can take a look at all its grimy ways, however they won’t be able to silence us,” tweeted AICC basic secretary (organisation) KC Venugopal, who may be an in depth confidant of Rahul.  

    He added that the Congress has complete religion within the judiciary. “However we will be able to problem this verdict, the reality will be successful!” he tweeted.

    ALSO READ | Gehlot says judiciary beneath power, ‘Modi surname’ statement by means of Rahul was once simply ‘political’ remark

    In Kerala, there was once an outcry amongst Congres leaders over the decision. KPCC president and Kannur MP Ok Sudhakaran mentioned Rahul Gandhi knew no concern and can’t be silenced.

    “All the gadget has became in opposition to Rahul Gandhi as a result of his uncompromising combat in opposition to the darkish forces that experience captured the country’s establishments. The charter is our holy e book and we will be able to stay combating. Daro mat!” Sudhakaran tweeted.

    “Fact, honesty and goodness will be successful. Rahul Gandhi and Congress will proceed to battle the darkish forces. We consider in charter and judiciary,” mentioned Kerala’s chief of the opposition VD Satheesan.