Indian Court Refuses to Suspend Rahul Gandhi’s Conviction

Shruti Mahajan and Bibhudatta Pradhan
·2 min read
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(Bloomberg) -- An Indian court refused to suspend Rahul Gandhi’s conviction in a defamation case, a setback for the opposition leader who’s at risk of being unable to contest national elections due in the first half of 2024.

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The Gujarat High Court said in its order that there was no reasonable ground to suspend the conviction and it would “not in any way result in injustice to the applicant.”

The ruling is a setback for Gandhi who was sentenced to a two-year jail-term for his alleged derogatory remarks about Prime Minister Narendra Modi’s surname during an election rally in 2019. A lower court suspended Gandhi’s prison term until his appeal is decided.

According to Indian law, Gandhi would remain ineligible to contest elections and barred from parliament as long as his conviction remains in force.

Gandhi will approach the Supreme Court against the verdict, said Abhishek Singhvi, a spokesperson of the Congress party, adding that the conviction, based on a complaint by a supporter of Modi’s ruling party, was “a desperate, blatant and open attempt to throttle the arena of free speech.”

Modi’s Bharatiya Janata Party has in the past dismissed the allegations that Gandhi’s conviction was politically motivated, saying the law is equal for everyone.

Gandhi’s case before the high court hinged on the point that his conviction caused him irreversible and irreparable damage and needed to be suspended to allow him to serve his duties as a federal lawmaker.

Gandhi has positioned himself as a challenger to Modi and the BJP and a recent victory for the Congress party in the assembly elections in the key southern state of Karnataka has given Gandhi’s party a much needed boost.

His disqualification has also become a major political flash point with some other opposition leaders rallying behind him.

Earlier this year, Gandhi completed a 2,170-mile walk from India’s southern tip to the Kashmir in the very north, which he described as an effort to unite India.

Indian law bars anyone sentenced to a prison term of two or more years from contesting elections for six years after the end of their sentence. Following his conviction Gandhi was swiftly disqualified as lawmaker in line with rules that bar anyone sentenced to two or more years in prison from holding parliament membership.

--With assistance from Chris Kay.

(Updates with Congress party reaction.)

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