Rahul can take solace; INDIA too
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Rahul Gandhi, who was disqualified as Member of Parliament following a defamation conviction, has finally obtained justice from the Supreme Court after a 130-day period. The bench comprising Justice B.R. Gawai, P.S. Narasimha and with Sanjay Kumar noted that Rahul Gandhi's statements did not warrant the maximum two-year prison sentence for incriminating remarks and stayed the ruling of the Surat Chief Judicial Magistrate, effectively overturning Rahul's disqualification. If there are no other technical hurdles, Rahul can participate in the ongoing Parliament session itself. The case reached the Supreme Court after the Surat Sessions Court and then the Gujarat High Court rejected Rahul's appeal. The Supreme Court has expressed displeasure, albeit implicitly, that all the lower courts uniformly found Rahul's controversial remark as deserving the maximum sentence. At the same time, the court did not forget to remind Rahul about the caution to be exercised while speaking as a public servant. Be that as it may, the court verdict is a relief to Rahul and the opposition alike; Rahul's presence in the highly turbulent Parliament will no doubt add more dynamism to the opposition's voice. On the other side, the disappointment that the Sangh Parivar's attempt to oust Rahul at any cost has failed, at least temporarily, is also clear. In addition, the court order which came while preparations were under way for the by-elections in the Wayanad constituency is in every sense a setback for the BJP and the ruling front.
Rahul Gandhi faced disqualification following a March 23 ruling by the Surat Chief Judicial Magistrate's court, which sentenced him to a two-year prison term for remarks he made during an election campaign in Kolar, Karnataka, on April 13, 2019. The comment in question, 'Why did all thieves get the surname Modi?' was the subject of a case filed by former Gujarat minister and BJP MLA Purnesh Modi. The court handed the maximum punishment to Rahul Gandhi who refused to apologise for his statement. Within less than 24 hours of the verdict, the Lok Sabha Secretariat issued an order disqualifying Rahul from his parliamentary position. Many observers at the time pointed out that this was not a routine action but a very nefarious political move by the ruling party targeting Rahul. Many questioned the fact that the Lok Sabha Secretariat directly handled a procedure in which the President was to declare disqualification on the advice of the Central Election Commission, However, official responses to these concerns were just silence. Questions such as how an abstract remark could become defamatory, and even if it was deemed so what was the justification in giving the maximum punishment h, and whether such steps had been taken in the past, were not answered. Even when the same arguments were raised in the Appellate Sessions Court and the Gujarat High Court, they were all ignored. However, the Supreme Court approached these questions very seriously. The court judgment is the natural result of that. In the judgment of the court setting aside the conviction, the remarks about the disqualification are notable. When a person is disqualified for that reason, it is not only his right that is being denied; on the contrary, it is an issue of the rights of all the voters of the constituency he represents. The judgment can also be read as a judgment against the denial of that right.
It is not a small matter that Rahul Gandhi could expose the ulterior political agenda of Purnesh Modi and his party through the case. The opposing side failed to answer the question raised by Rahul Gandhi's lawyer, Abhishek Manu Singhvi of how Rahul's remark could be considered offensive only to a handful of BJP leaders, given that there are about 13 crore people belonging to the Modi community. However, the intentions of the Sangh Parivar in this matter were quite evident. This case, while seemingly isolated, was just one element within a larger strategy aimed at diminishing Rahul's political influence. The ruling party targeted Rahul on multiple fronts, including allegations that his speech in March in London, discussing Indian democracy and parliament, was derogatory towards the nation. In response, BJP leaders even wrote letters to Speaker Om Birla, urging the formation of a specialized parliamentary committee to initiate the process of stripping Rahul of his parliamentary membership. In the present situation, things like this letter are likely to be dug out again in the near future, as they fear Rahul's presence to that extent. And if this apprehension about Rahul gives new energy to the united opposition front of INDIA, then this judgement will be marked as a new beginning in history.
