After Rahul Gandhi was found guilty by a Surat court on Thursday and declared two-year jail term in a 2019 defamation case against remarks made by him against “Modi surname”. And now as a major development, Rahul Gandhi has been disqualified as the Member of Lok Sabha from the date of his conviction in the criminal defamation case.
Earlier in a statement former Union Minister Kapil Sibal said that Gandhi should be disqualified as an MP along with the sentence. He is a member of the Wayanad constituency in Kerala.
In a statement Sibal said that “If it (the court) only suspends the sentence that’s not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction.”
In the Lily Thomas vs Union of India case, the Supreme Court ruled in 2013 that “any MP, MLA or MLC who is convicted of a crime and given a minimum of 2 years’ jail loses membership of the House with immediate effect”.
Now the only option that is available for Rahul Gandhi to regain his membership is if a Higher Court reduces the term of his sentence. In order to do that he must file an appeal against the conviction within 30 days.
If a higher court overturns the ruling passed by the Surat court than he may be reinstated as an MP. If not, he will continue to be disqualified.
However there is an another option available for him as he can approach the Apex Court under Article 136 of the Constitution of India which talks about the Special leave to appeal by the Supreme Court.
Under this Article, the Supreme Court has given discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
So ultimately the only option available for Gandhi is to appear before the Apex Court. However as we know, a person approaching the court needs to follow the hierarchy unless the case is of extraordinary level such as infringement of Fundamental rights.
So, Rahul Gandhi needs to approach the High Court of either Delhi or Gujarat as he was convicted by the Surat Court. Meanwhile, Gandhi’s team has already revealed that they are planning to challenge the verdict declared by the Surat Court.
