Rahul Gandhi convicted in Modi surname defamation case: What we know so far

After conviction, Rahul Gandhi's sentence was suspended and bail was granted to enable him to move an appeal against his conviction within 30 days

Rahul Gandhi, Congress Member of Parliament from Wayanad, was convicted by the Surat district court on Thursday in a criminal defamation case against him over his alleged "Modi surname" remark in April 2019. Gandhi was convicted under IPC sections 499 and 500. The maximum possible punishment under this section is two years.

The Court of Chief Judicial Magistrate HH Varma sentenced him to two years in jail and also imposed a fine of Rs 15,000 after finding him guilty. However, on Rahul Gandhi's plea, his sentence was suspended and bail was granted to enable him to move an appeal against his conviction within 30 days.

Gandhi was present in the court when the verdict was pronounced. The lawyer representing Gandhi said that they would move to session court soon.

BJP Member of Legislative Assembly (MLA) and former Gujarat minister Purnesh Modi had filed the case against Gandhi for his alleged "how come all the thieves have Modi as the common surname?" remarks while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.

The remarks were videographed by the video surveillance team and video viewing team of the office of the deputy commissioner and district election officer of Kollar district.

The complainant claimed that the controversial remark was made at a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections which defamed the entire Modi community.

Varma had last week concluded hearing the final arguments from both sides and set March 23 to pronounce its judgment.

Gandhi has maintained that there was no mala fide intention on his part when he made the statement in question.

Just after the verdict, Gandhi wrote on Twitter in Hindi, "My religion is based on truth and non-violence. Truth is my God, non-violence the means to get it. -- Mahatma Gandhi".

Congress President Mallikarjun Kharge said that the party will fight as per law.

"He has been granted bail. We knew from the beginning because they kept changing judges. We believe in law, and judiciary and we will fight against this as per law," Kharge said.

What happens if Rahul Gandhi's sentence is not suspended by higher court?

Gandhi faces disqualification as an MP and may not be able to contest elections if the sentence is not suspended by higher courts.

According to the Representation of the People Act of 1951, a person will be disqualified if convicted and sentenced to imprisonment for two years or more. They are disqualified for a period of imprisonment and a further six years.

But, there is an exception for sitting members provided in the Act.

"There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided," the Act says.

(With agency inputs)