Congress backs Rahul Gandhi, says he is being punished for speaking truth

A court in Surat sentenced Gandhi to two years in jail in the case, filed on a complaint by BJP MLA Purnesh Modi

Congress on Thursday rallied behind Rahul Gandhi, who was convicted in a defamation case, with party president Mallikarjun Kharge making it clear that such actions will not silence them though the ruling BJP wants their top leader out of Parliament for raising uncomfortable questions.

As Rahul returned to Delhi from Surat after his court appearance to a welcome from MPs and workers, the party announced that Rahul will appeal in a higher court against the legally “unsustainable” judgement "full of errors" while making it clear its intention to fight the case legally and increase its decibel levels against the Modi government.

Kharge said a two-year sentence has been slapped on Rahul in a case which has nothing but is aimed at disqualifying him from Parliament. He was referring to the existing law that disqualifies a convicted lawmaker automatically.

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"They want to expel Rahul-ji from Parliament because he spoke the truth and exposed them. They were looking at a method to expel him. Nobody has got a two-year sentence in a defamation case. Usually, it is a warning, or a demand to apologise or a six-month or one-year sentence. Sentencing him for two years is to disqualify him," he said.

However, he said, such actions will not silence Rahul. "You think by silencing one person, you can silence 140 crore people...Who has been punished? When Rahul-ji raises his voice, he is punished while Nirav Modi, Lalit Modi and others who looted the country are let go scot-free. Even a red notice of Interpol has been withdrawn against one (Mehul Choksi)," he said.

Senior lawyer and Rajya Sabha MP Abhishek Manu Singhvi said all attempts by the government to create a "chilling, throttling and strangulating" effect on open, fearless speech relating to the public interest will not stop Rahul or Congress from talking about issues concerning people.

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While finding fault with the judgement, Singhvi said the heart of the law of criminal defamation is that persons who are complainants should be those who must be able to demonstrate how they personally are defamed.

"No one who is the subject matter of the statement that is found to be offending has filed the criminal complaint," he said. Rahul had referred to Narendra Modi, Lalit Modi and Nirav Modi," he said.

Singhvi also found fault with the Surat court taking up the case saying the speech was made in Karnataka's Kolar and if Section 202 of CrPC on jurisdiction was observed, then the Surat court should not have heard the case or even initiated the process.

He also alleged that the complainant kept on trying to get a stay on his own complaint and he withdrew all stay requests when a new magistrate took over. "The new magistrate is the one who gave a conviction today," he said.