What's next for Rahul Gandhi? Lawyer seeks disqualification from Lok Sabha as Congress plans appeal
1 min read 23 Mar 2023, 04:35 PM ISTThe Congress on Thursday said former party chief Rahul Gandhi will file an appeal against a Gujarat court verdict holding him guilty in a 2019 criminal defamation case, and alleged that the government was after him for speaking the truth.
PremiumWayanad MP Rahul Gandhi was sentenced to two years imprisonment on Thursday, sparking calls for his disqualification from the Lok Sabha. The Congress meanwhile has insisted that it would make use of ‘all legal recourse’ available and appeal to the higher courts. Following the verdict, the senior politician now has 30 days to file an appeal against his conviction.
Activist and Supreme Court lawyer Vineet Jindal filed a complaint with the Lok Sabha Speaker on Thursday afternoon, seeking Gandhi's disqualification from the house with immediate effect.
As per 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.
But the disqualification does not kick in immediately. The convicted individual has three months to get either his conviction or sentence (or both) suspended in order to change the course of events.
According to Supreme Court lawyer Mahesh Jethmalani, only the appellate court that can do this - and not the court which convicted him. In such as case, Gandhi's disqualification would stay till the disposal of the hearing of the case.
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Meanwhile, the Congress said Gandhi will file an appeal against the Gujarat court verdict. Congress spokesperson Supriya Shrinate said the party had "all legal recourse available to us and we will use them".
""Coward, dictatorial BJP government is incensed at Rahul Gandhi and Opposition because we are exposing their misdeeds and demanding a JPC. Under its political bankruptcy, the Modi government sends police, ED and imposes cases on political speeches. We will appeal in the higher court," asserted Congress president Mallikarjun Kharge.
“The dictator is rattled by this courage. He is trying to intimidate sometimes via ED, sometimes via police, sometimes via case, sometimes via punishment. We will fight and win," the party added in a tweet.
(With inputs from agencies)
