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India’s top court has suspended the conviction of Congress Party leader Rahul Gandhi in a criminal defamation case, paving the way for the country’s main opposition leader to return to Parliament.
Gandhi was disqualified from Parliament in March after a lower court in the western Gujarat state handed down a two-year jail sentence to him for remarks he had made four years ago at an election rally alluding to Prime Minister Narendra Modi’s surname.
Friday’s suspension of Gandhi’s sentence is a major boost for the opposition Congress Party as it gears up for next year’s general elections.
Unless the top court upholds his conviction and two-year jail term in its final judgment, the ruling will enable Gandhi to contest the upcoming polls.
Under Indian law, a jail term of two years or more makes a person ineligible to be a lawmaker and to contest elections for eight years.
“Come what may, my duty remains the same. Protect the idea of India,” Rahul Gandhi tweeted after the ruling.
Congress Party leaders hailed the court’s decision as a victory for truth and justice.
“This is a win for democracy, for our constitution and the Indian people,” Congress Party President Mallikarjun Kharge said at a press conference.
Party workers danced, distributed sweets and waved flags as they celebrated outside the party’s headquarters in New Delhi.
The Congress Party and several other opposition parties had called the case against Gandhi politically motivated and accused Modi’s ruling Bharatiya Janata Party, or BJP, of targeting opposition leaders and crushing free speech. The BJP had said due process of law had been followed.
The Supreme Court said Friday the lower court had cited no reason for imposing the maximum jail term of two years on Gandhi.
Supreme Court Judge B.R. Gavai said that while Gandhi’s remarks were “not in good taste” and he “ought to have been more careful while making public speeches,” the conviction had not only punished him but also voters, who had elected him to represent their constituency.
“The order of conviction needs to be stayed pending final adjudication,” Gavai said.
The defamation case against Gandhi was filed by a BJP lawmaker in Gujarat state, which is ruled by the BJP.
The jail sentence was imposed for remarks Gandhi made at an election rally in the run-up to the 2019 general elections.
“Why do all thieves have Modi as their surname?” Gandhi said before going on to name fugitive Indian diamond tycoon Nirav Modi, banned Indian Premier League boss Lalit Modi, and Narendra Modi.
Gandhi said his remarks were meant to highlight corruption and were not directed against any community.
The suspension of Gandhi’s conviction will allow him to contest next year’s polls unless the top court upholds the two-year jail term in its final judgment.
Gandhi’s Congress Party suffered crushing electoral defeats in 2014 and 2019 as Modi led his party to huge victories. This time, the Congress Party and a raft of regional parties have formed an alliance called “India” to mount a collective challenge to Modi.
While Modi is one of India’s most popular leaders in decades, critics accuse him of undermining India’s democracy, polarizing the country along communal lines, and targeting opposition leaders.
The opposition alliance has said the “character of our republic is being severely assaulted in a systematic manner by the BJP” and stated that its goal in next year’s elections is to protect democracy.
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