New Delhi: Congress leader Rahul Gandhi has been reinstated as a member of parliament from Wayanad, the Lok Sabha constituency he represents.
A notification to this effect was issued by the Lok Sabha secretariat on Monday after the apex court stayed the former Congress president's conviction in a criminal defamation case.
Soon after the move, Gandhi reached Parliament House and offered floral tributes to Mahatma Gandhi's statue.
He also attended Lok Sabha proceedings after it resumed at 12 noon. However, the House was adjourned within minutes.
Gandhi was accorded a warm welcome by Congress and other opposition MPs on his arrival in Parliament.
Senior Congress leaders and party workers hailed Gandhi's reinstatement as a Lok Sabha MP, saying it is a victory for truth and justice.
As soon as the Congress leader was reinstated as Lok Sabha MP, celebrations broke out at the AICC headquarters here with workers dancing and raising slogans in favour of Gandhi.
Following the restoration of his membership, the Congress said it would like him to be a key speaker in the debate on the no-confidence motion likely to be taken up in Lok Sabha on Tuesday.
He was disqualified after a Surat court convicted him in the aforesaid criminal defamation case and sentenced him to two years imprisonment.
The senior Congress leader was deprived of his privileges as a member of parliament for 137 days.
As per the Lok Sabha notification, the disqualification as MP was nullified on August 4 when the apex court stayed the conviction questioning the rationale behind awarding the maximum possible sentencing of two years that invited the disqualification.
The case in point refers to a certain remark - on the surname 'Modi' - the former Congress president made at a public meeting in Karnataka's Kolar in 2019. "How is it that all thieves have 'Modi' as a surname?" Gandhi had said at the election rally in the run-up to the Lok Sabha election back then, alluding to Nirav Modi and Lalit Modi.
On April 15, 2019, Surat BJP MLA Purnesh Modi filed a criminal defamation suit against Gandhi for the remark. Three years on, on March 23, 2023, the Surat court found Gandhi guilty of defamation.
The disqualification came into effect on March 24 when the Gujarat court pronounced the quantum of sentence, the maximum awarded in such a case.
On August 4, however, the Supreme Court stayed Gandhi's conviction, paving the way for the revival of his Lok Sabha membership.
What apex court said staying Gandhi's defamation conviction
"The sentence for an offence punishable under Section 499 of the Indian Penal Code, 1860 is simple imprisonment for two years or fine or both. The learned Trial Judge, in the order passed by him, has awarded the maximum sentence of imprisonment for two years. Except for the admonition given to the appellant... no other reason has been assigned by the learned Trial Judge while imposing the maximum sentence of two years. It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned Trial Judge, the provisions of sub-section (3) of Section 8 of the Representation of the People Act, 1950 (for short, “the Act”) have come into play. Had the sentence been even a day lesser, the provisions of subsection (3) of Section 8 of the Act would not have been attracted."
How the case progressed to Supreme Court
On April 2, 2023, in a sessions court, Gandhi challenged the Gujarat court order that found him guilty of defamation. The Surat sessions court on April 20 granted Gandhi bail but did not stay his conviction. Gandhi filed a revision appeal on April 25 before the high court. Gujarat high court dismissed the plea on July 7.
After Rahul Gandhi moved Supreme Court on July 15 challenging the high court, the apex court on July 21 issued notices to Gujarat minister Purnesh Modi and the state government before staying his conviction on August 4.
