Rahul Gandhi Conviction & Disqualification
Rahul Gandhi Conviction & Disqualification
Rahul Gandhi conviction in 2019 Criminal Complaint, Parliamentary Disqualification and the Ukraine model and why the government needs to be alert.
Rahul Gandhi conviction and subsequent disqualification from Parliament has opened pandora’s box. The situation has created a political and tactical nightmare for the ruling BJP-led government. This opens an opportunity for anti-India forces to create dislocations in India. Let us understand in detail.
What really happened?
During an election rally in 2018/2019 Rahul Gandhi made a speech wherein he said “why are all thieves named Modi?” and then he gave examples “ Neerav Modi, Lalit Modi and Narendra Modi”. Thereafter he said “if you search you will find some more thieves named Modi.” Here is the video shared by a Rahul Gandhi supporter.
Taking offence to this general attack one, Purnesh Ishvarbhai Modi filed a complaint for Criminal Defamation against Rahul Gandhi in Surat in 2019. The case went through its various motions, having reached the Gujarat High Court for evidentiary issues. Finally, on 23 March 2023, the lowest Criminal Court, i.e. Court of the District Magistrate, pronounced Rahul Gandhi Guilty, convicting him for an offence under Section 499 of the Indian Penal Code, which calls for 2 years imprisonment. Every criminal order has two elements - Conviction and Sentence. The Magistrate convicted Rahul Gandhi, granted bail and stayed the operation of the sentence for 30 days allowing Rahul Gandhi to Appeal this verdict.
The Parliamentary Effect of this Order
The direct and automatic effect of this verdict of conviction is that Rahul Gandhi ceased to be a member of Parliament from the time the order was passed. This was automatic, without any government or Parliamentary official having to do anything.
The due process was for the Parliament to issue a Gazette notification which was done as seen in the tweet below:
The effect of this is that Rahul Gandhi is now disqualified from becoming a member of Parliament for a period of 6 years from the day he is released from imprisonment in the above offence.
This disqualification shall not take effect if Rahul Gandhi appeals to that order and obtains a stay on the conviction. Once a stay is granted on conviction, the order of sentence will automatically stay.
This has opened pandora’s box.
Is the Conviction legally sound?
To determine the legality, we will have to examine the facts of the case and the judgement of 170 odd pages written in Gujarati. That exercise is best left to the appellate court.
However, prima facie, it seems the sentence of 2 years imprisonment seems to be harsh. I will not go into Section 8 of the Representation of Peoples’ Act. Suffice it to say; it will matter a great deal to find under which exact sub-section of Section 8 the Rahul Gandhi case fits.
We need to read the Judgement and Order by the Magistrate in detail. I would be looking for the balance of evidence laid before the court, the behaviour of the accused before the Judicial Court, etc.
It has appeared in the media that Rahul Gandhi refused to apologise to the Complainant. He (or his lawyer has) made irresponsible statements that Rahul Gandhi will go to jail. If these allegations are indeed true, the court may have taken an adverse view of the accused, Gandhi.
How could the Magistrate have handled this issue?
From my experience, I find the actions of the magistrate intriguing.
There is immense pressure when any magistrate faces a sensitive case. I suspect the said magistrate must have been under immense pressure. This need not be political pressure - mostly it is simply the political implications of your judgement and order. Passing an Order against someone like Rahul Gandhi while sitting in Surat, Gujarat is difficult. Ideally, the Magistrate must decide without heed to the follow-on effects of his order, but it is rarely that easy. Magistrates are also people, and they are put in a difficult position in such matters.
If the magistrate was convinced Rahul Gandhi was guilty, he still could have avoided the political issue. A wise magistrate would narrate all the facts against Rahul Gandhi but, in the last line, say something like, “despite all the evidence, I am not sure”. The narration in the order allows the complainant to file the Appeal without creating a political issue. The burden of the decision then shifts to the senior (Appellate) court.
How to diffuse this issue?
Based on what Rahul Gandhi has said in the video, one can argue this case in various ways.
It will be easy for Appellate Court in Gujarat to stay the conviction and sentence. This will diffuse the issue for the time. The matter can be heard at leisure, thereby not allowing the matter to create socio-political dislocations.
It may be possible to interpret and understand the Representation of Peoples Act by the Supreme Court to give appropriate effect to the law. For instance, if Rahul Gandhi makes a statement before the Court that he did not mean malice against any person named Modi, then the issue may be resolved. The Penal Code allows for such settlement for this offence.
However, it depends on how Congress and Rahul Gandhi want to use this strategically.
Why this? Why now?
These questions are essential to understand what is happening and its impact. The curious timing of this order makes me wonder and ask these questions.
It is probable that it is some Congress stunt strategy.
It could give Rahul Gandhi some cover not to run for election while projecting Priyanka Gandhi as a victim leader searching for a sympathy vote. The event will create free visibility, something that Congress desires.
Check-mate BJP
It is also possible this strategy is used to check-mate BJP. Both parties wanted to amend the Representation of people’s Act of 1951. As yet, this has not been done. If BJP amends the act now, it will be seen bending before Congress.
If BJP allows the law to take its course, it will create sympathy for Congress. Rahul Gandhi will be a “victim of persecution by Modi”.
Unlike other commentators, I think this ploy has hurt BJP more than Congress. It will create pressure on BJP both internally, in Congress-dominated areas, and overseas.
Opening for anti-India forces
It is CERTAIN that anti-India forces will coalesce around this issue.
Expect BBC, Financial Times, Economist, Guardian, NY Times, LA Times, Washington Post, Wall Street Journal, and the gang to jump on this issue. You will find Press Freedom Index, Democracy Index, Happiness Index, etc. being touted around, claiming India has gone dictatorial.
Expect some noise in the Parliament of the UK, US, Canada, Australia and other countries to give gyan to Indians. Expect statements in the UN, EU or Senators and Ministers who no one talks to make noise about this.
These anti-India efforts will be used to groom Khalistani and Islamic separatists by anti-India forces.
Ukraine Model
A more sinister is the possibility that anti-India forces may use this event to trigger mass, well-funded riots across the country, taking cover for Rahul Gandhi’s apparent arrest.
This has happened in Ukraine; some innocuous event has sparked immense riots that surprised the local population. There is a distinct possibility of this. If Congress calls for protests, be careful. Anti-India forces may be looking for opening through such occasions.
In Sum
The Rahul Gandhi issue has created additional headaches for the BJP. I would flag potential law and order issues arising from this. I urge the government to be alert and focus on maintaining peace and law and order.
I also made a YouTube Live on RightVIEWS YouTube Channel