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Rahul Gandhi gets 2-year jail term for Modi surname remark, gets bail for appeal, could lose his Parliament membership

A Gujarat court, Thursday, found Congress scion Rahul Gandhi guilty in the 2019 “Modi surname” defamation case.

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Rahul Gandhi

A Gujarat court on Thursday found Congress scion Rahul Gandhi guilty in the 2019 “Modi surname” defamation case and sentenced him to two years imprisonment–the maximum sentence possible sentence under section IPC sections 499 and 500, under which the Wayanad MP was convicted.

According to reports, a court in Gujarat’s Surat city, convicted Rahul Gandhi under IPC sections 499 and 500 in a criminal defamation case against him over his alleged “Modi surname” remark in 2019 and handed him a two-year sentence. However, Gandhi was later granted bail and his sentence was suspended for 30 days allow him to appeal the court’s judgment.

The Congress MP was present in the court when the verdict was announced in under IPC sections 499 and 500 of the IPC—which carries a maximum sentence of two years imprisonment.  

Rahul Gandhi may lose his Parliament membership?

Rahul Gandhi’s conviction and two-year prison sentence handed by the Surat court may lead to the former Congress President to losing his seat in the Parliament, according to a previous Supreme Court judgement.

The apex court on July 10, 2013 in the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), ruled that any ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC), convicted of a crime and handed a minimum two-year imprisonment sentence, loses membership of the House with immediate effect.

The Supreme Court, in its landmark judgement, had reverted on its earlier stance wherein convicted members held on to their seats until they exhausted all judicial remedy in lower, state and the apex court.

A Supreme Court bench of Justice A. K. Patnaik and Justice S. J. Mukhopadhaya, also declared as unconstitutional, Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal their conviction.

What’s the case?

BJP legislator and former Gujarat minister Purnesh Modi had filed a complaint against the Wayanad MP for allegedly asking “how come all the thieves have Modi as the common surname?”, leading to an FIR against Gandhi under Indian Penal Code (IPC) Sections 499 and 500 which carries a punishment with simple imprisonment for a term which may extend to two years, or with fine, or with both, are mentioned in the IPC.

As per the complaint, Purnesh Modi had alleged that Rahul Gandhi made the remark made at a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections which defamed the entire Modi community.

Read Also: Poster war: BJP posters calling for Kejriwal’s ouster come up in Delhi

The final arguments in the case resumed in February 2023 after the Gujarat high court vacated the interim stay it had imposed on the proceedings in March 2022 on the complainant’s plea demanding Rahul Gandhi’s personal appearance in the court.

Gandhi’s lawyer defended that the proceeding was flawed from the beginning as the legal procedure under Section 202 of the CrPC was not followed and also argued that Narendra Modi should have been the complainant in the case as Purnesh Modi was not the target of the Congress leader’s speech.

Meanwhile, the Congress on Thursday put up posters outside the Surat court in support of Rahul Gandhi as he arrived for the proceedings in the defamation case.

The posters said “let’s go to Surat in support of democracy” along with pictures of Bhagat Singh and Sukhdev.

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India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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