Rahul Gandhi, the former MP for Wayanad and former Congress chief, has been convicted of criminal defamation by a Surat district court and sentenced to two years in jail. The conviction stems from a 2019 campaign trail remark in which he implied that Prime Minister Narendra Modi was a criminal. Following his disqualification under section 8(3) of the People’s Representation Act, the AICC has filed a petition in the Supreme Court challenging the decision.
There is speculation within AICC circles that Mr Gandhi may choose to go to jail rather than challenge the order in the apex court. In his first comments after disqualification, Mr Gandhi tweeted in Hindi that he is ready to “pay any price” for fighting for the voice of India. The former Congress chief’s Wayanad seat has also fallen vacant as a result of his disqualification.
The AICC’s petition in the Supreme Court challenges Mr Gandhi’s disqualification under section 8(3) of the People’s Representation Act. This section states that an MP is disqualified if they are convicted of a crime and sentenced to imprisonment for two or more years. The AICC argues that Mr Gandhi’s conviction does not meet the criteria for disqualification as it is not a final conviction and he has not exhausted all legal remedies.
Regardless of the outcome of the AICC’s petition, Mr Gandhi’s conviction and sentence have raised questions about freedom of speech and political discourse in India. The case against him was brought by a member of the BJP and highlights the increasing use of criminal defamation laws to silence political opponents.
