India’s Supreme Court has suspended the defamation conviction of Rahul Gandhi, a senior opposition politician, opening up the possibility of his return to parliament. The decision comes after Gandhi was sentenced to two years in prison in March, a ruling that many have criticized as an attack on India’s rule of law. Although he was expelled from the legislature as a result, Gandhi has remained out of jail while his case was appealed up to the Supreme Court.
Justice B.R. Gavai, in his ruling, stated that the initial trial judge had failed to justify the imposition of the maximum sentence on Gandhi for comments he made during a campaign rally four years ago. The justice ordered that the conviction be stayed pending final adjudication.
Rahul Gandhi is the leading figure of the opposition Congress party, which was once the dominant force in Indian politics. He also comes from a renowned political family, being the son, grandson, and great-grandson of former prime ministers. However, Congress has faced repeated defeats in elections at the hands of Prime Minister Narendra Modi’s ruling Bharatiya Janata Party, which has consistently relied on nationalist appeals to India’s Hindu majority.
The defamation conviction originated from a remark Gandhi made during the 2019 election campaign, in which he questioned why all thieves have Modi as (their) common surname. This statement was portrayed as a slur against Prime Minister Modi and those who share the same surname, which is associated with the lower castes in India’s social hierarchy.
Due to the conviction, Gandhi was rendered ineligible to hold a seat in parliament since anyone sentenced to a custodial term of two years or more loses this right. However, with the suspension of the conviction, there is now a possibility for his return to political office.
In a comprehensive 731-page submission to the Supreme Court, Gandhi argued that his speech was made in the course of democratic political activity and that his sentence was a threat to freedom of speech in democratic societies. Gandhi’s party asserts that the punishment is detrimental to democratic free speech.
It is worth noting that Rahul Gandhi has faced several legal actions in recent years, many of them lodged in Modi’s home state of Gujarat. Critics argue that such legal actions are deployed as a means to suppress opposition figures and institutions critical of the Modi government during its nine years in power. The media, both domestic and international, has also faced increasing pressure, with tax officials even raiding the local offices of the BBC in February.
The Supreme Court’s decision to suspend Gandhi’s conviction showcases the ongoing battle for free speech and the rule of law in India. It remains to be seen how this development will impact the political landscape and whether Rahul Gandhi will stage a comeback, bringing new dynamics to the country’s political arena.
