Disqualification from Parliament not irreparable loss for Rahul Gandhi, says Surat court

On March 23, a Gujarat court had convicted Gandhi and sentenced him to two years in jail for remarks made during a speech in the run-up to 2019 general election. While the sentence was suspended pending appeal, the former Congress president was disqualified from the Lok Sabha, where he represented Kerala’s Wayanand.

Here are some of the observations made by the sessions court in its 27-page judgment in the case as it rejected Gandhi’s appeal:

1) Any word spoken by Rahul Gandhi would have a large impact on the mind of the common public. A high standard of morality is expected from a person like Rahul Gandhi and the trial court had inflicted a sentence, which was permissible by law. It appears from the record that all opportunities were accorded to him for cross-examining the witnesses and hence the sessions court does not agree with the contentions of Rahul Gandhi’s lawyer about him being deprived of a fair trial.

2) Being the president of the second-largest political party and looking at Rahul Gandhi’s stature, he should have been more careful with his words, which would have large impact on the mind of people.

Any defamatory words from Gandhi are sufficient enough to cause mental agony to an aggrieved person. “In this case, by uttering defamatory words viz. comparing persons having surname 'Modi' with thieves would definitely have caused mental agony and harm the reputation of the complainant, who is socially active and dealing in public," the court said.

3) Removal or disqualification as a Member of Parliament cannot be termed as irreversible or irreparable loss or damage to Gandhi

4) Gandhi’s counsel failed in demonstrating that by not staying the conviction and denying an opportunity to contest the election on account of disqualification u/s. 8(3) of the Representation of the People Act, 1951 irreversible and irrevocable damage is likely to be caused to him.