Former Wayanad MP and senior Congress leader Rahul Gandhi has not yet appealed against his conviction in the defamation case where he had called everyone with ‘Modi surname’ a thug. Many people in Gujarat who belong to the OBC community have ‘Modi’ surname and this kind of remark by an elected public representative could have harmed individuals, causing them social stigma.
A Magistrata Court in Surat on Thursday convicted Rahul Gandhi, sending him to 2 years imprisonment and a fine. The court, in its order, had said that the court would like to set an example and awarded maximum punishment possible under the section such that people act responsibly. “When someone of an MP level addresses common people, the intensity of crime increases. If he is given lesser punishment, it gives out a wrong message to society that anyone can say anything and get away with it without consequences. Hence, keeping in mind everything, the accused is given two years imprisonment and is asked to pay a fine,” the court had observed.
According to section 8(3) of the Representation of the People Act, any MP or MLA convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction. Which means, as of 23 March, 2023, Rahul Gandhi stood disqualified as an MP. He also could not contest the upcoming 2024 general elections unless his conviction is stayed. Such stay could come from higher court with or without conditions.
Four days have passed since Rahul Gandhi’s conviction. While Congress supporters and leaders have cried themselves hoarse that this Rahul Gandhi’s own doing is ‘death of democracy’ and how ‘Modi is afraid’, Congress is yet to move higher court to appeal against the conviction. As per senior journalist Pallavi Ghosh, sources have informed her that Congress has not yet filed any appeal in court because the court order was in Gujarati and the translation is taking time.
Which is amusing. Because Congress has a battery of legal eagles. From Abhishek Manu Singhvi to Salman Khurshid to P Chidambaram – Congress has top legal brains especially when it comes to the Clown Prince, Rahul Gandhi. Former Congress leader and currently Rajya Sabha MP backed by Samajwadi Party, Kapil Sibal, too, is a practicing lawyer who could easily be roped in.
Regarding translation of court order from Gujarati, Rajya Sabha MP and Congress leader Shaktisinh Gohil himself is a prolific lawyer. Gujarat Congress leader Amee Yajnik who contested 2022 Gujarat state assembly elections against BJP chief ministerial candidate Bhupendra Patel, too, is a lawyer. Surely both of them understand Gujarati enough to help with translation of conviction order from Gujarati to English. Despite having such a strong in-house legal team, Congress has been taking its own sweet time to file for an appeal citing ‘procedural delay’.