ICC Board Member
PlanetCricket Award Winner
- Jun 13, 2009
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I'm not a law expert but this is what the summary is:
- Found guilty in a 2019 defamation case.
- Convicted & sentenced to 2 yrs imprisonment under section 499 & 500.
- Sentence suspended & granted bail for 30 days, allowing to appeal judgement in higher courts.
- Automatic disqualification from the parliament from the time of conviction.
- Won't be able to contest elections for 2 + 6 yrs.
All this is just because he uttered a few sentences that the complainant said has defamed him.
Rahul Gandhi's lawyer says that there has been a lot of things overlooked and the case doesn't stand at all, because the complainant is ineligible to file a case as he is not directly affected in this defamation. Even the jurisdiction of the case is questionable under section 202.
The complainant had asked for 'stay' in the case in the High Court and waited for 4 yrs before he went back and withdraw his appeal for 'stay' and expedite the case.
2 yrs sentence is the maximum sentence which can be given to someone and the lawyers says the judge handed over the maximum sentence without a second thought.
There is a rule in 'representation of people act' which says any conviction and sentence of 2 or more years will result in automatic disqualification. Rahul Gandhi and opposition were planning to question the govt. on Adani scam and demand for JPC Probe. But instead, they disqualified the opposition face.
All attention is over Rahul Gandhi and Adani Scam is no where in the news. Adani is believed to be a close friend of PM of India.
Absolutely hilarious that this happens when BJP’s own folk have said far more damaging things in general without any hint of prosecution. Time to apply this precedent to everyone then.