Description
The conviction of Rahul Gandhi by Congress in a libel case for his comment against Prime Minister Narendra Modi has raised a big question about his fate in the Lok Sabha. While it fueled the BJP, which had been fighting his impeachment for over two months, the Union Justice Ministry's handling of the case of a Lakshadweep MP provides an interesting precedent. The Ministry of Justice has recommended the reinstatement of PP Mohammed Faizal after the Kerala High Court suspended his sentence in an attempted murder case. The MP was initially sentenced by a Lakshadweep court in January. But a week later, the Kerala High Court stayed the sentence, saying his disqualification as a member of the Lok Sabha would no longer be valid.
Meanwhile, the Election Commission had announced partial votes on the constitution for Mr. Faizal, who belongs to Sharad Pawar's Nationalist Congress Party. The MP challenged the decision in the Supreme Court, whereupon the court requested the annulment of the Commission's order.
As for Rahul Gandhi, congressional sources admit he faces immediate disqualification if he does not challenge the verdict. Gandhi, they said, will do just that and won't be in parliament for a while.
Section 8(3) of the Representation of the People Act 1951 provides that as soon as a member of parliament is found guilty of an offense and sentenced to a term of not less than two years, they must be disqualified. According to experts, the Lok Sabha secretariat may disqualify Rahul Gandhi based on the Surat court order and declare his Wayanad constituency vacant.
If Rahul Gandhi is convicted, they said the standard practice is to wait until the 30-day period is up to file an appeal.
Gandhi was found guilty and sentenced to two years in prison today in a four-year-old criminal libel case for his comments about Prime Minister Narendra Modi's surname. Gandhi had apparently said, "How come all thieves have the common surname Modi?" after which the case was brought by BJP MP and former Gujarat Minister Purnesh Modi in Gujarat.
He was released on bail and his sentence suspended for 30 days to allow time for an appeal.
