Indian Opposition Leader Rahul Gandhi Won’t Go to Jail Until Higher Court Hears Appeal
(Bloomberg) -- An Indian court suspended a two-year sentence for opposition leader Rahul Gandhi until it hears his appeal in a defamation case.
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The court fixed April 13 as the next date to start hearing arguments on Gandhi’s request to stay a conviction that led to his disqualification from parliament, said Kirti Panwala, a lawyer for the Congress party leader. Gandhi is currently out on bail.
A court in the western city of Surat on March 23 had sentenced him to two years in jail for allegedly making derogatory remarks in 2019 about Prime Minister Narendra Modi’s surname but suspended the sentence for a month.
Gandhi, the scion of India’s Nehru-Gandhi political dynasty that ruled the country for decades after independence, was quickly removed from parliament after his conviction. He also faces the risk of being barred from contesting national elections due next year.
Indian law stipulates that anyone sentenced to serve two or more years of jail time cannot run for elections for six years after they complete their prison term. However, if Gandhi’s conviction is stayed or he is eventually exonerated, his parliamentary seat should, by law, be returned.
A member of parliament from the island district of Lakshadweep recently had his membership reinstated after a court suspended his criminal conviction.
The legal developments are an immediate setback for the 52-year-old politician who has positioned himself as a challenger to Modi and his ruling Bharatiya Janata Party — even though his Congress party has been routed in two consecutive national ballots.
However, Gandhi’s conviction by a court in Modi’s home state of Gujarat has also angered several opposition parties, indicating that the Congress leader could use the setback to try and gain a political edge. The BJP has said the law is equal for everyone.
To revive his Congress party, Gandhi recently completed a 2,170-mile trek from India’s southernmost tip to the icy north of Kashmir. After his ouster from parliament, he vowed to keep questioning Modi on his alleged ties to business tycoon Gautam Adani, who has been battling allegations of fraud and market manipulation from a US short seller. Adani’s conglomerate has denied the report.
--With assistance from Eltaf Najafizada, Abhijit Roy Chowdhury and Atul Prakash.
(Updates with appeal filed in court.)
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