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Congress to appeal against Rahul’s conviction in higher court

On Rahul’s plea, Surat district court, suspended his sentence and granted bail to move an appeal against his conviction within 30 days.

Rasheed | New Delhi |


As Rahul Gandhi is facing disqualification as an MP in the wake of a Surat district court in Gujarat convicting the Congress leader in a criminal defamation case, the Congress party has decided to appeal against the verdict in the higher judiciary.

The case against Rahul Gandhi pertains to Rahul’s alleged remark on ‘Modi surname’ in 2019.

Congress President Mallikarjun Kharge asserted on Thursday that they will appeal in higher courts against the conviction of the senior party leader. “Coward, dictator BJP government is rattled by Rahul Gandhi and the opposition because we are exposing their bad deeds by demanding JPC. Modi government has gone politically bankrupt. It sends ED, police and lodges cases against speeches,” he said.

“We will appeal in higher courts,” asserted the Congress chief.

Earlier in the day, Surat district court in Gujarat convicted Congress MP Rahul Gandhi in a criminal defamation case against him over his alleged ‘Modi surname’ remark in 2019. The court of Chief Judicial Magistrate H H Varma sentenced him to two years in jail and also imposed a fine of Rs 15,000 after finding him guilty.

However, on Rahul Gandhi’s plea, his sentence has been suspended and bail has been granted to enable him to move an appeal against his conviction within 30 days.

BJP MLA and former Gujarat Minister Purnesh Modi had filed the case against Rahul Gandhi for his alleged “how come all the thieves have Modi as the common surname…?” remark.

The Representation of the People Act, 1951 Disqualification on Imprisonment has a provision to disqualify a person if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.

But, there is an exception for sitting members provided in the Act. “There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided,” says the Act.