Under the Representation of People Act, an elected member sentenced to two years or more in jail faces disqualification from the position the person was holding.
The court granted him bail on a bond of `10,000 and suspended the sentence for 30 days to allow him to appeal in a higher court.
BJP MLA and former Gujarat minister Purnesh Modi had filed a criminal defamation case against the Congress leader in 2019, following his comment, “how come all the thieves have Modi as a common surname”, at an election rally in Kolar, Karnataka. Purnesh Modi claimed that the reference had defamed the entire Modi community.
Chief judicial magistrate HH Verma ruled that the accused had deliberately insulted the people with the “Modi” surname.
During the hearing on sentencing, while Gandhi maintained that he had only raised issues of public interest and did not have any mala fide intention to insult anyone, the prosecution demanded maximum punishment stating that he is a member of Parliament where laws are enacted and hence any leniency to him would send a wrong message. The prosecution had also argued that the accused had to tender a written apology to the Supreme Court in another case and was warned by SC to be careful.
In the order, the court observed there was apparently no change of conduct of the accused even after the Supreme Court warning. Also, being an MP, his address to people is a serious matter, it said.
“That is why the offence becomes very serious and if the accused is given a light sentence, then a wrong message will go to the people and will not serve the purpose of defamation and anyone will defame anyone easily,” it added.
“They (BJP govt) want to get him ousted (from Lok Sabha). Person who speaks the truth & exposes you, you want to remove him through such means. Nobody gets two-year jail for defamation, someone is given one year, six months, or apology is sought, but provision for (disqualification) is two years and that is why they have applied it in complete… Coward, dictatorial BJP govt is incensed at Rahul Gandhi and Oppn because we are exposing their misdeeds and demanding JPC… Modi government sends police and ED, and imposes cases on political speeches,” said Mallikarjun Kharge.
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