• Source:JND
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CONGRESS leader Rahul Gandhi on Friday was disqualified from Lok Sabha a day after a district court in Surat convicted him in a criminal defamation case filed against him in 2019 over his 'Modi surname' remark. Rahul Gandhi represented Kerala's Wayanad Lok Sabha Constituency in the Parliament. It is one of the highest profile disqualifications of a sitting lawmaker in the country.

"Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat...Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023," the notification from the Lok Sabha Secretariate read.

Earlier on Thursday, a Surat court sentenced Rahul Gandhi to two years imprisonment in a defamation case, under Indian Penal Code(IPC) sections 499 and 500, for his alleged remark, "How come all thieves have Modi as the common surname?" made in 2019 during an election rally in Karnataka.

The case was filed on a complaint by BJP MLA Purnesh Modi. However, the court also approved Rahul Gandhi's bail on a surety and stayed the sentence for 30 days to allow him to approach the higher courts.

"Gandhi could have limited his speech to Prime Minister Narendra Modi, Nirav Modi, Vijay Mallya, Mehul Choksi, and Anil Ambani, but he "intentionally" made a statement that hurt individuals carrying the Modi surname, and thereby committed criminal defamation," the court said in its 168-page order.

According to the Representation of the People Act, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.

Following his disqualification, Rahul Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.

Reacting to Gandhi's disqualification, Congress said it will fight the battle both legally and politically. "We will not be intimidated or silenced. Instead of a JPC into the PM-linked Adani MahaMegaScam Rahul Gandhi stands disqualified. Indian Democracy Om Shanti," Congress general secretary Jairam Ramesh said in a tweet.

Senior Congress leader Shashi Tharoor said he was stunned by the action against Gandhi and by its rapidity. "This is politics with the gloves off and it bodes ill for our democracy," Tharoor said in a tweet.

Defending Gandhi's disqualification , Union Minister of State for Law and Justice S P S Baghel termed it as "lawful" and asserted that "everyone is equal before law". He also noted that a BJP MLA was also recently disqualified in Uttar Pradesh following his conviction in a criminal case.

Union Law Minister Kiren Rijiju also defended Gandhi's disqualification and said, "Rahul Gandhi made very derogatory remark and disgraced an entire OBC (other backward class) Community. Shockingly, some Congress leaders are trying to defend it."