Gujarat court sentences Congress leader Rahul Gandhi to two years in jail

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A court in Surat in Gujarat has convicted Congress leader Rahul Gandhi in a criminal defamation case filed in 2019 over his remarks on Modi's surname.

An overview of the news

  • The court also sentenced him to two years in jail.

  • The court of Chief Judicial Magistrate HH Verma convicted Rahul Gandhi under sections 499 and 500 of the Indian Penal Code.

  • The court granted bail to Rahul Gandhi and stayed the sentence for 30 days so that he can appeal in a higher court during this period.

  • After this decision, Rahul Gandhi's membership of Parliament can also go from Wayanad parliamentary constituency.

  • Before the 2019 Lok Sabha elections, Rahul Gandhi made an objectionable comment on the Modi surname while addressing a public meeting in Kollar, Karnataka.

What will be the effect of this decision?

  • The disqualification of an MP convicted of an offense can be in two cases.

  • If the offense for which he is convicted is listed in section 8(1) of the Representation of the People Act, 1951. This includes offenses such as section 153A (offence of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery). Are.

  • Section 171F (offence of undue influence or impersonation at election) and certain others.

  • Second, Section 8(3) of the RPA states that an MP can be disqualified if convicted and sentenced to a minimum of 2 years' imprisonment.

  • However, the section also states that disqualification takes effect only "after the lapse of three months" from the date of conviction.

  • Within that period, Gandhi can file an appeal against the conviction before the High Court.

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