In a significant decision, India’s Supreme Court on Friday suspended the defamation conviction of Rahul Gandhi, potentially enabling the prominent opposition leader to make a comeback to parliament after his disqualification. Gandhi, aged 53, had been sentenced to a two-year prison term in March, a verdict that raised concerns about threats to the rule of law in the world’s largest democracy. Despite the initial expulsion from the legislature, he has avoided imprisonment by appealing the case to the highest court in New Delhi.
The Justice presiding over the case asserted that the trial judge had not adequately justified imposing the maximum sentence on Gandhi for his comments made during a campaign rally four years ago. As a result, the conviction’s execution is suspended until a final verdict is reached. Rahul Gandhi is a prominent figure in the opposition Congress party, which historically held a dominant position in Indian politics. He is also part of India’s foremost political dynasty, descending from three generations of former prime ministers, including independence leader Jawaharlal Nehru.
However, Congress has faced electoral defeats for years, with the ruling Bharatiya Janata Party, led by Prime Minister Narendra Modi, appealing to India’s Hindu majority with its nationalist agenda. Gandhi’s conviction stemmed from a remark during the 2019 election campaign, where he questioned why “all thieves have Modi as (their) common surname.” The statement was portrayed as a slur against the prime minister and those sharing the same surname, which is linked to the lower caste hierarchy in India.
A custodial term of two years or more renders an individual ineligible to serve in India’s parliament, leading to Gandhi’s expulsion in March. In his extensive 731-page submission to the Supreme Court, he argued that his speech was a part of democratic political activity and that his sentence undermined democratic free speech.
This case is one of several legal actions initiated against Gandhi in recent years, mostly confined to courts in Gujarat, Modi’s home state. The Modi government has faced criticism for using legal actions against opposition figures and institutions deemed critical. This has added to concerns about press freedom, with both domestic and international media outlets facing mounting pressures. In February, tax inspectors conducted raids on the local offices of the British Broadcasting Corporation.
SOURCE: Ref Image from South China Morning Post
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