Indian opposition leader Rahul Gandhi is set to challenge his conviction and jail sentence in a criminal defamation case on Monday. The Congress MP was sentenced to two years in prison by a court in Gujarat state for his remarks about Prime Minister Narendra Modi’s surname at an election rally in 2019.
Mr Gandhi, who was present in court for sentencing, remains out of jail on bail for 30 days and will appeal. His party said he was being targeted for exposing the government’s “dark deeds” and vowed to continue its fight for democracy.
The case against Mr Gandhi was filed on the basis of a complaint by Purnesh Modi, a BJP lawmaker who said his comments had defamed the entire Modi community. 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 argued that he made the comment to highlight corruption and it was not directed against any community. He also said that he had respect for the prime minister and his office.
However, the court rejected his defence and found him guilty under Section 504 of the Indian Penal Code, which deals with intentional insult with intent to provoke breach of peace. The court also imposed a fine of 20,000 rupees ($270) on him.
The conviction also led to Mr Gandhi’s disqualification as a lawmaker under Section 8(3) of the Representation of the People Act, 1951, which bars any person convicted of an offence and sentenced to imprisonment for not less than two years from being a member of parliament or state legislature.
Mr Gandhi will appear at the court in Surat city with his sister Priyanka Gandhi Vadra and other top Congress leaders on Monday afternoon. Many Congress workers have gathered outside the court in support of Mr Gandhi, holding banners with the words “save democracy” on them.
Mr Gandhi’s legal team reported that he will ask for a stay on his conviction in a sessions court. A decision in his favour would reinstate his place in parliament, while one against his appeal can be challenged by his lawyers in a higher court.
Mr Gandhi’s jail sentence has sparked protests and condemnation from opposition parties and civil society groups, who have accused the BJP government of using defamation laws to stifle dissent and criticism. They have also expressed concern over the state of free speech and democracy in India.
The BJP has denied any political vendetta and said that due process was followed in the case. It has also defended Mr Modi’s record on corruption and development.