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Rahul Gandhi: India's Congress leader sentenced to jail for Modi 'thieves' remark Rahul Gandhi: India's Congress leader sentenced to jail for Modi 'thieves' remark
(about 4 hours later)
Rahul Gandhi will appeal against his conviction which comes amid concerns about free speech in India Rahul Gandhi, seen arriving at court in Gujarat, will appeal - his conviction comes amid concerns about free speech in India
Indian opposition leader Rahul Gandhi has been sentenced to two years in prison in a criminal defamation case.Indian opposition leader Rahul Gandhi has been sentenced to two years in prison in a criminal defamation case.
Mr Gandhi was convicted by the court in Gujarat state for 2019 comments about Prime Minister Narendra Modi's surname during an election rally. The Congress MP was convicted by the court in Gujarat state for 2019 comments about Prime Minister Narendra Modi's surname at an election rally.
He will not go to jail immediately - he was granted bail for 30 days and will file an appeal against the conviction. Mr Gandhi, who was present in court for sentencing, remains out of jail on bail for 30 days and will appeal.
The Congress party MP was present in court for sentencing, which comes a year before general elections are due. His party accused Mr Modi's government of targeting him. General elections are due next year.
Speaking at an election rally in Karnataka state in April 2019, ahead of the last general election, Mr Gandhi had said: "Why do all these thieves have Modi as their surname? Nirav Modi, Lalit Modi, Narendra Modi." A Congress spokesman said the ruling was full of "legally unsustainable conclusions" - and vowed its politicians would not be silenced.
Nirav Modi is a fugitive Indian diamond tycoon while Lalit Modi is a former chief of the Indian Premier League who has been banned for life by the country's cricket board. Mr Gandhi argued that he had made the comment to highlight corruption and it was not directed against any community. "Make no mistake. All your attempts to create a chilling effect, a throttling effect, a strangulating effect on open fearless speech relating to public influence will not stop either Rahul Gandhi or the Congress Party," Abhishek Manu Singhvi told a news conference.
The ruling BJP says due judicial process has been followed in the case, which dates back to the campaign ahead of the last election.
Speaking at a rally in Karnataka state in April 2019, Mr Gandhi had said: "Why do all these thieves have Modi as their surname? Nirav Modi, Lalit Modi, Narendra Modi."
Nirav Modi is a fugitive Indian diamond tycoon while Lalit Modi is a former chief of the Indian Premier League who has been banned for life by the country's cricket board. Mr Gandhi argues that he had made the comment to highlight corruption and it was not directed against any community.
Mr Modi won a landslide last time - here BJP supporters are seen wearing masks of him ahead of the 2019 election
The case against him was filed on the basis of a complaint by Purnesh Modi, a lawmaker from India's governing Bharatiya Janata Party, who said that Mr Gandhi's comments had defamed the entire Modi community.The case against him was filed on the basis of a complaint by Purnesh Modi, a lawmaker from India's governing Bharatiya Janata Party, who said that Mr Gandhi's comments had defamed the entire Modi community.
But some have said they are puzzled by the order. But some experts were puzzled by the order handed down by the court in Surat. Legal scholar Gautam Bhatia tweeted that "references to a generic class of persons" - surnames in this case - are not "actionable unless an individual can show a direct reference to themselves".
Legal scholar Gautam Bhatia tweeted that "references to a generic class of persons" - surnames in this case - are not "actionable unless an individual can show a direct reference to themselves".
"If a man says 'all lawyers are thieves', then I, as a lawyer, cannot file a case against him for defamation unless I can show its imputation aimed at me," Mr Bhatia said."If a man says 'all lawyers are thieves', then I, as a lawyer, cannot file a case against him for defamation unless I can show its imputation aimed at me," Mr Bhatia said.
India's criminal defamation law is British-era legislation under which there can be a maximum prison sentence of two years, a fine or both. Mr Gandhi's lawyer, Kirit Panwala, told BBC Gujarati their defence was based on four points: "Firstly, Mr Gandhi is not a resident of Gujarat and so, before the complaint, an inquiry should be conducted. Secondly, there is no community named Modi. Thirdly, there is no association of people with Modi as their surname and lastly, there was no ill intention behind Mr Gandhi's speech."
Free speech advocates have often argued that the law goes against the principles of freedom and that it is is used by politicians to silence their critics.
In 2016, some top Indian politicians including Mr Gandhi filed legal pleas arguing for defamation to be decriminalised. But India's Supreme Court upheld the validity of the law, saying that the "right to free speech cannot mean that a citizen can defame the other".
The Congress party tweeted that Mr Gandhi would appeal and said "we will fight and win".
Mr Gandhi has not commented publicly yet but has tweeted a quote in Hindi from India's independence leader Mahatma Gandhi: "My religion is based on truth and non-violence. Truth is my God, and non-violence the means to get it."
His lawyer, Kirit Panwala, told BBC Gujarati that Mr Gandhi had told the judge after the order that he had made the speech "in favour of democracy".
He also said that their defence of Mr Gandhi was based on four points: "Firstly, Mr Gandhi is not a resident of Gujarat and so, before the complaint, an inquiry should be conducted. Secondly, there is no community named Modi. Thirdly, there is no association of people with Modi as their surname and lastly, there was no ill intention behind Mr Gandhi's speech."
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India's criminal defamation law is British-era legislation under which there can be a maximum prison sentence of two years, a fine or both. Free speech advocates have often argued the law goes against the principles of freedom and that it is used by politicians to silence their critics.
In 2016, some top Indian politicians including Mr Gandhi filed legal pleas arguing for defamation to be decriminalised. But India's Supreme Court upheld the validity of the law, saying the "right to free speech cannot mean that a citizen can defame the other".
Some have raised questions over Mr Gandhi's status as a member of parliament after the conviction.Some have raised questions over Mr Gandhi's status as a member of parliament after the conviction.
Defamation, by itself, cannot be a ground for disqualification in India. An MP can be disqualified from the office for offences ranging from promoting enmity, and election-related fraud. But they can also be disqualified if sentenced for two years or more for an offence.Defamation, by itself, cannot be a ground for disqualification in India. An MP can be disqualified from the office for offences ranging from promoting enmity, and election-related fraud. But they can also be disqualified if sentenced for two years or more for an offence.
A two-year jail term would mean Mr Gandhi would not be able to contest the 2024 general election.
"What they will do [is] they are likely to go to the top court, which will stay the judgement," says a political commentator, who insisted on anonymity. "But the question is: does this judgement mean that there's a sword of Damocles hanging over any leader? There are cases filed against leaders for all sorts of so-called crimes. Normally nothing happens."
Mr Gandhi is the scion of the Nehru-Gandhi political dynasty, which has given three prime ministers to India. His great-grandfather, Jawaharlal Nehru, was the first and longest-serving prime minister of India. His grandmother, Indira Gandhi, was the first female prime minister of the country, and his father, Rajiv Gandhi, was India's youngest prime minister.Mr Gandhi is the scion of the Nehru-Gandhi political dynasty, which has given three prime ministers to India. His great-grandfather, Jawaharlal Nehru, was the first and longest-serving prime minister of India. His grandmother, Indira Gandhi, was the first female prime minister of the country, and his father, Rajiv Gandhi, was India's youngest prime minister.
Their party, the Congress, governed India almost continuously - except for a few years - from independence in 1947 to 2014, when Narendra Modi's BJP swept to power by a landslide. Since then, the Congress has become a shadow of its former self, and was routed again by the BJP in the 2019 general election.Their party, the Congress, governed India almost continuously - except for a few years - from independence in 1947 to 2014, when Narendra Modi's BJP swept to power by a landslide. Since then, the Congress has become a shadow of its former self, and was routed again by the BJP in the 2019 general election.
Only once in India's history has the main opposition leader been jailed. In December 1978, Indira Gandhi, by then no longer PM, was expelled from the lower house and jailed for nine days for committing a breach of privilege and contempt of parliament.
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