Congress Lok Sabha MP Rahul Gandhi was on Friday disqualified as Lok Sabha MP, a day after a Surat Court convicted him in a defamation case. The notification disqualifying the Wayanad MP was issued hours after Gandhi attended the morning session of Lok Sabha. 

What does the notification read?

“Consequent upon his conviction by the Court of Chief Judicial Magistrate Surat… Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency in Kerala stands disqualified from the membership of Lok Sabha from the date of his conviction… in terms of the provisions of Article 102(!)(e) of the Constitution read with Section of the Representation of the People Act, 1951,” the notification read.

Gandhi barred from contesting LS polls for 8 years?

As per law and legal experts, Gandhi’s disqualification came into ‘immediate and automatic’ effect upon his conviction and sentencing despite the grant of bail.

Former Congress leader and Union law minister Kapil Sibal told NDTV that Rahul stands automatically disqualified as an MP with his two-year jail sentence. He said, “If it (the court) only suspends the sentence that’s not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction.”

Sibal added, “For a statement made in respect of certain individuals, for him to be convicted for two years — it is totally bizarre.” 

What does the law say?

The Representation of the People Act, 1951, (RPA) directs immediate disqualification of any lawmaker who is ‘convicted of any offence and sentenced to imprisonment for not less than two years.’ The law also states that if one is convicted in any offence for two years then the seat will be vacant immediately.

Lawyer and senior BJP MP Mahesh Jethmalani told NDTV, “By the operation of the law, he (Gandhi) stands disqualified, but the decision has to be communicated to the Speaker. But as of today, he stands disqualified.”

How can Gandhi avoid disqualification?

Gandhi will have to secure an order from a higher court suspending the conviction. The RPA states, “A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”

It means, that apart from his jail term, Gandhi will not be able to contest polls for subsequent six more years.

Why the disqualification?

Surat Court, on Thursday, awarded two-year jail term to Gandhi in a defamation case for his ‘all thieves have Modi surname’ remark. The case was filed against Gandhi for his alleged ‘how come all the thieves have Modi as the common surname?’ remarks on a complaint lodged by BJP MLA and former Gujarat minister Purnesh Modi.

The Court also imposed a fine of ₹15,000 after finding him guilty under Indian Penal Code (IPC) sections 499 and 500 (dealing with defamation). However, he secured a bail in the same case. 

Chief Judicial Magistrate HH Verma heard the final arguments regarding Gandhi’s 2019 remark, “Why all the thieves, be it Nirav Modi, Lalit Modi or Narendra Modi have Modi in their names.” Gandhi’s counsel Kirit Panwala said, “We will today send a message to Rahul Gandhi to remain present on March 23 in Surat district court. Most probably, he would be present in the court. We will get confirmation on Saturday.”

Gandhi made the alleged remarks while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.

Also read: Rahul Gandhi sentenced to 2 years in jail in Modi surname defamation case

Pradeep Sarkar

Renowned filmmaker Pradeep Sarkar, best known for films like Parineeta, Mardaani, etc., passed away at the age of 67 on Friday morning in Mumbai.  Sharing the news, director Hansal Mehta wrote, “Pradeep Sarkar. Dada. RIP.” Sarkar had been unwell for a while and was undergoing dialysis. His potassium levels had dropped drastically so had to be rushed to a hospital at 3 am on Friday.

Actor Ajay Devgn, on his Twitter, wrote, “The news of Pradeep Sarkar’s demise, ‘Dada’ to some of us is still hard to digest. My deepest condolences. My prayers are with the departed and his family. RIP Dada.”

Actor Manoj Bajpayee retweeted Hansal Mehta’s tweet and he wrote, “Ohh! That’s so shocking! Rest in peace Dada.” Filmmaker Ashoke Pandit, in his tribute, wrote, “Sad to know that well known brilliant filmmaker of our country Pradeep Sarkar ji passes away. A great loss to the film industry. Heartfelt condolences to his family and near ones.”

Sarkar, who first worked as an editor on Munna Bhai MBBS, had directed several evergreen music videos that went on to define excellence in visual appeal and storytelling in the 90’s including Euphoria’s ‘Dhoom Pichak Dhoom,’ ‘Maaeri’ and Sultan Khan’s ‘Piya Basanti’ and Bhupen Hazarika’s ‘Ganga.’ 

Sarkar’s funeral will take place at 4 pm at Santacruz Hindu Crematorium in Mumbai. “It is with a heavy heart that we inform you that Pradeep Sarkar has departed for his heavenly abode. Please join us at 4pm for his funeral at Santacruz Hindu Crematorium to say goodbye to him,” read an official statement.

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Rahul Gandhi

Surat Court, on Thursday, awarded two-year jail term to Congress MP Rahul Gandhi in a defamation case for his ‘all thieves have Modi surname’ remark. The case was filed against Gandhi for his alleged ‘how come all the thieves have Modi as the common surname?’ remarks on a complaint lodged by BJP MLA and former Gujarat minister Purnesh Modi.

The Court also imposed a fine of ₹15,000 after finding him guilty under Indian Penal Code (IPC) sections 499 and 500 (dealing with defamation). However, he secured a bail in the same case. 

Chief Judicial Magistrate HH Verma heard the final arguments regarding Gandhi’s 2019 remark, “Why all the thieves, be it Nirav Modi, Lalit Modi or Narendra Modi have Modi in their names.” Gandhi’s counsel Kirit Panwala said, “We will today send a message to Rahul Gandhi to remain present on March 23 in Surat district court. Most probably, he would be present in the court. We will get confirmation on Saturday.”

Gandhi made the alleged remarks while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.

Also read: NIA raids Nagpur man’s residence at 4 am for suspected terror links with Zakir Naik