The BJP-led authorities desires to get Gandhi faraway from Lok Sabha via disqualification as he speaks the reality, Kharge stated.
NEW DELHI: The conviction of Rahul Gandhi by a Surat court docket in a defamation case was “erroneous and unsustainable” and might be challenged in the next court docket, the Congress stated on Thursday whereas expressing hope that the judgment might be stayed and quashed.
Gandhi was sentenced to 2 years in jail by the court docket within the 2019 legal defamation case over his “Modi surname” comment, in a setback to the Lok Sabha MP who faces the danger of disqualification.
The case was filed in opposition to him on a grievance by BJP MLA Purnesh Modi for his alleged comment, “How come all the thieves have Modi as the common surname?”
Congress spokesperson Abhishek Singhvi stated the trial court docket has given a 170-page judgment that’s nonetheless topic to translation and the occasion is working in direction of submitting an enchantment in opposition to it in the next court docket.
We consider that this is stuffed with errors and legally unsustainable in conclusion. But make no mistake usually…all of your (authorities’s) efforts to create a chilling impact, a throttling impact, strangulating impact on open, fearless speech referring to the general public curiosity won’t cease both Rahul Gandhi or the Congress occasion,” he instructed reporters at a press convention right here.
Singhvi stated the Congress has religion within the judiciary and can search authorized recourse to the Surat court docket’s verdict and get reduction.
Though this judgment is “erroneous”, in-built corrective measures exist throughout the judicial system and “we will certainly invoke them”, he stated and added, “We are confident that the conviction will be stayed.” Gandhi after showing earlier than the Surat court docket returned to Delhi and was accorded a welcome on the home airport on his arrival.
Some Congress MPs and leaders who have been current on the airport, later held a gathering with him at his residence, sources stated.
Congress president Mallikarjun Kharge later convened a gathering of high occasion leaders at his residence and mentioned the scenario arising out of Gandhi’s conviction and whether or not he ought to attend Parliament.
Sources stated the dialogue befell as Gandhi faces disqualification from Lok Sabha within the wake of his conviction and two years sentence.
The Supreme Court in a 2013 verdict had stated that any MP or MLA stands disqualified from the time of his conviction if a sentence of two or extra years is pronounced.
Kharge additionally alleged that the BJP-led authorities desires to get Gandhi faraway from Lok Sabha via disqualification as he speaks the reality.
Speaking at a e-book launch operate, he stated now “attempts are being made by taking refuge under laws to silence everyone”.
“They (government) want to get him ousted (from Lok Sabha. The person who speaks the truth and exposes you, you want to remove him through such means. Nobody gets two years jail for defamation, someone is given one year, six months, or apology is sought, but the provision for (disqualification) is two years and that is why they have applied it in complete,” Kharge stated.
The BJP, nonetheless, asserted that the legislation has to take its course if Rahul Gandhi abuses folks and slammed the Congress over its criticism of his conviction in a defamation case, asking whether or not the opposition occasion desires “complete freedom” for him to “abuse” others.
BJP chief and former legislation minister Ravi Shankar Prasad cautioned Gandhi, saying he’ll discover himself dealing with “more troubles” if he would not chorus from making defamatory remarks, whereas Union Minister Piyush Goyal requested the Congress chief to apologise for his sequence of “defamatory” feedback.
Both leaders additionally hit out at Congress president Mallikarjun Kharge for questioning the court docket’s order and accused him of contempt of court docket.
Gandhi after attending court docket quoted Mahatma Gandhi on fact and non-violence.
“My religion is based on truth and non-violence. Truth is my God, non-violence the means to get to it — Mahatma Gandhi,” Rahul Gandhi stated in a tweet in Hindi quickly after the court docket’s verdict.
In one other tweet, he paid tributes to freedom fighters Bhagat Singh, Sukhdev and Rajguru on their martyrdom day and stated he has learnt combating fearlessly for the nation from these courageous sons of Mother India.
“Coward, dictatorial BJP government is incensed at Rahul Gandhi and Opposition because we are exposing their misdeeds and demanding a JPC,” Kharge tweeted.
“Under its political bankruptcy, the Modi government sends police, ED and imposes cases on political speeches. We will appeal in the higher court,” he added.
“We knew such a thing could happen…they kept changing judges. But we have faith in the judiciary and will fight as per the law,” the Congress president stated.
Congress common secretary Priyanka Gandhi Vadra additionally took to Twitter to again her brother and assault the BJP. In a tweet in Hindi, she stated that “a scared machinery of power is trying to suppress the voice of Rahul Gandhi through ‘saam, daam, dand, bhed’ (using every trick in the book)”.
“My brother has never been afraid, nor will he ever be. He has lived his life speaking the truth, will continue to speak the truth, will continue to raise the voice of the people of the country,” she stated.
Congress common secretary communications Jairam Ramesh stated, “This is new India, if you raise your voice against injustice, then ED-CBI, police, FIR will be imposed. Rahul Gandhi is also being punished for speaking the truth, for raising his voice against a dictator.”
He stated this isn’t only a authorized situation but additionally a political one and termed it one more instance of the politics of vendetta, concern and intimidation.
In Parliament, this authorities is counting on one set of methods to throttle voices and if outdoors Parliament, a second set of ways is getting used which in latest instances has had an impact inside Parliament too, Singhvi alleged and added that the third technique of the federal government is to “file false, frivolous and vexatious” circumstances.
“No doubt there is a conviction, but this is an infirm, an erroneous and an unsustainable judgment. It will be challenged and we are hopeful it will be stayed and ultimately quashed,” the Congress chief stated.
He stated he has no doubts that with regards to Rahul Gandhi, this authorities will do the whole lot which is “unethical and is devoid of principles”.
Singhvi stated any affordable, truthful, non-oppressive, non-bias system would give ample time to an individual to take some authorized steps to remain the conviction.
“But, I doubt very much if this government will act in any of those four objectives, non-biased, fair, transparent or balanced,” he stated.
Asked concerning the situation of Gandhi is disqualified, he stated so far as the federal government is worried, Gandhi has sought to be de-facto excluded from Parliament already for final a number of days and weeks.
“What is the point of him going to Parliament and speaking where he is not allowed to speak before a prior apology. What is the point of supposedly talking in Parliament when the government of the day itself is disrupting it,” he requested.
“So, de-facto there is no difference between him not speaking in Parliament and not formally entering Parliament. However, these are legal issues and the judgment has come today and some time needs to be given to a person to challenge it,” Singhvi stated.