Relief to Rahul Gandhi: Granted Bail and Two-Year Jail Sentence Suspended till Disposal of his Appeal

Manas Dasgupta

NEW DELHI, Apr 3: Rahul Gandhi was on Monday granted bail by a court in Surat which also suspended his two-year jail sentence till the disposal of his appeal providing a major relief to the former Congress president.

His appeal filed before the court of the Surat additional district judge RP Mogera challenging the conviction by the Surat sessions court in the “Modi Surname” case will be taken up for hearing on April 13. The former Congress president need not personally appear in court for the next hearing.

Along with the appeal Gandhi had also filed two applications through his advocates Kirit Panwala and Tarannum Cheema. The first one sought the suspension of the two-year sentence and that he be “released on bail” pending the final disposal of the criminal appeal. The second application sought that the conviction by the magistrate court be “stayed during the pendency of the appeal in the interest of justice.”

Gandhi’s disqualification as a member of the Lok Sabha, however, remains in operation till the higher court reversed the sentence by the sessions court. Gandhi is learnt to have already started packing his bags for vacating the bungalow he was allotted by the government as an MP. The government had issued his notice to vacate the bungalow following his disqualification on being convicted for two years in the “Modi surname” case.

Gandhi, accompanied by sister Priyanka Gandhi Vadra and several other Congress leaders including three Congress Chief Ministers, Ashok Gehlot (Rajasthan), Bhupesh Baghel (Chhattisgarh) and Sukhvinder Singh Sukhu (Himachal Pradesh), approached Surat court with the an appeal to set aside his conviction over his “Modi surname” comment seen to be an insult to Prime Minister Narendra Modi. He met his mother Sonia Gandhi yesterday before his court appearance.

After the court order, Gandhi tweeted he was fighting against “Mitrakal”, alluding to the ruling BJP, often the target of the Congress over allegations of misusing government agencies to harass the opposition. “This is a fight to save democracy, against ‘Mitrakal’. In this struggle, truth is my weapon, and truth is my support,” Gandhi tweeted in Hindi. If Mr Gandhi’s conviction is not reversed, his disqualification as an MP will stand and he will be barred from contesting elections for eight years.

The BJP, which had earlier claimed that “an independent judiciary” had convicted Gandhi and there was no political malaise involved in his sentence, however, called his approaching the court accompanied by his sister and some Congress leaders, as “a childish attempt to pressure” the judiciary.

“Rahul Gandhi might be going to Surat to file an appeal. It is not required of a convict to go personally to file an appeal. Generally, no convict goes personally. His going personally with a motley group of leaders and aides accompanying him is only a drama,” Law Minister Kiren Rijiju tweeted. “What Rahul Gandhi is doing is also a childish attempt to bring pressure on the appellate court. All courts in the country are immune from such tactics,” he said in another tweet.

The Congress said the presence of the party leaders in Surat is not a “show of strength”, but a “symbol of support” for Mr Gandhi. “It’s not a show of strength. He is fighting for the country. They are going with him to support him in his fight,” said Congress chief Mallikarjun Kharge.

The party also alleged that “illegal arrests” were being made to prevent party leaders and workers from going to Surat. “There are continuous reports of illegal arrests by the BJP government in Gujarat to prevent Congress leaders and workers from going to Surat,” party leader Jairam Ramesh tweeted in Hindi.

The 52-year-old was convicted by a court and sentenced to prison for two years in Gujarat last month for a 2019 speech in which he linked Modi’s last name with two fugitive businessmen, remarking how the “thieves” shared the same last name. The court, however, had then granted him bail for 30 days to appeal the verdict.

The defamation case was filed against Gandhi by BJP MLA and former Gujarat minister Purnesh Modi for saying “How come all thieves have the common surname Modi?” Mr Gandhi’s Wayanad seat in Kerala is now vacant following his removal from the office and the Election Commission may now announce a special election for the seat.

Mr Gandhi’s disqualification order prompted a fractured opposition to come together to attack the BJP over the alleged misuse of central investigative agencies against the members of rival parties. The BJP has said the conviction has come from an independent judiciary, with party president JP Nadda accusing Gandhi of insulting an Other Backward Classes (OBC) community – a key vote base for the party.

After getting bail from the Surat court, in Gujarat today in the defamation case over his remarks on the surname of Prime Minister Narendra Modi, said “truth is my weapon” in another Gandhian tweet. “This is a fight to save democracy, against ‘Mitrakal’. In this struggle, truth is my weapon, and truth is my refuge!” read a rough translation of his post in Hindi.

The ‘Mitrakal’ dig is one he has been taking regularly at the central government, accusing it of working to benefit its “crony capitalist friends”. The last occasion was the budget, which he had dubbed “Mitr Kaal budget.” After the trial court judgement convicting him in the Modi surname, Gandhi had cited a quote from Mahatma Gandhi. His post at the time read, “My religion is based on truth and non-violence. Truth is my God, non-violence the means to get it.”

Gandhi arrived at the Surat District and Sessions Court at around 3 pm with his sister and Congress General Secretary Priyanka Gandhi Vadra, even as party leaders and workers gathered outside with banners in a show of solidarity.

The notification by the House Secretariat regarding Gandhi’s disqualification will cease to be in effect if and when his conviction is stayed. Article 102 of the Constitution deals with grounds for disqualification of a parliamentarian. Sub-clause (e) of Article 102(1) says an MP will lose his membership of the House “if he is so disqualified by or under any law made by Parliament.” The law in this case is the RP Act.

Section 8 of the RP Act deals with disqualification of a lawmaker for conviction in certain offences. The provision is aimed at “preventing criminalisation of politics and keeping ‘tainted’ lawmakers from contesting elections.