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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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Pralhad Joshi appointed Education Minister after Dharmendra Pradhan’s resignation

Pralhad Joshi has been entrusted with the additional charge of the Education Ministry after President Droupadi Murmu accepted Dharmendra Pradhan’s resignation amid the prolonged student protests over alleged examination paper leaks.

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Union Minister Pralhad Joshi has been given the additional charge of the Ministry of Education after President Droupadi Murmu accepted the resignation of Dharmendra Pradhan.

The President’s office confirmed the appointment through an official communique issued on Saturday evening. Joshi will continue to hold his existing portfolio as Union Minister of Food and Consumer Affairs while also overseeing the Education Ministry.

Dharmendra Pradhan resigns amid prolonged protests

Dharmendra Pradhan submitted his resignation on the 35th day of the student protests at Delhi’s Jantar Mantar over alleged examination paper leaks.

In his resignation letter, the 57-year-old leader said he chose to step down to prevent anti-national forces from exploiting the situation.

“For over four decades, I have dedicated myself to the cause of students, teachers, and educational reform. I have always believed that a robust, inclusive, and visionary education system forms the cornerstone of a strong nation,” Pradhan said.

CJP ends protest after Centre’s assurance

Hours after Pradhan’s resignation, CJP spokespersons Saurav Das and Ashutosh Ranka, during a joint press conference with Union ministers JP Nadda and Jitendra Singh, announced that the organisation was ending its protest in good faith after receiving assurances from the Centre that its demands would be addressed.

The resignation of Dharmendra Pradhan had been the principal demand of the organisation founded by Abhijeet Dipke, a Boston University graduate who returned to India to lead the campaign against alleged examination paper leaks.

Joshi reiterates government’s stand on students

A day before taking charge of the Education Ministry, Pralhad Joshi said the Centre remained committed to protecting students’ interests and ensuring strict action against irregularities affecting examinations.

He also alleged that anti-social elements were attempting to exploit the CJP-led protests and urged students to remain vigilant while continuing peaceful demonstrations.

“The Modi government has always stood with students and the youth. It remains committed to taking strict action against any irregularities or injustices that affect their future,” Joshi had said.

He added that while students have every right to protest peacefully, they should ensure that their genuine concerns are not misused by anti-social elements.

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Dharmendra Pradhan submits resignation to PM Modi amid student protests

Education Minister Dharmendra Pradhan has submitted his resignation to Prime Minister Narendra Modi, hours before the third round of talks between the Centre and the Cockroach Janta Party.

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Dharmendra Pradhan

Education Minister Dharmendra Pradhan on Saturday submitted his resignation to Prime Minister Narendra Modi, marking a major development amid the ongoing student protests at Delhi’s Jantar Mantar.

Pradhan announced the decision through a post on X, just hours before the Centre was scheduled to hold the third round of talks with the Cockroach Janta Party (CJP), which has been leading the agitation over alleged irregularities in competitive examinations.

The resignation of the Education Minister had remained the primary demand of the protesters, who have been camping at Jantar Mantar for more than a month seeking accountability and reforms in the examination system.

The latest development comes at a crucial time as both sides prepare for another round of discussions aimed at resolving the prolonged standoff.

As of now, there has been no official announcement from the Prime Minister’s Office on whether Pradhan’s resignation has been accepted. Further details are awaited.

Resignation comes before key Centre-CJP meeting

The announcement was made only hours before representatives of the Centre and the Cockroach Janta Party were expected to meet for the third round of negotiations.

The talks are being closely watched as the government attempts to end the month-long protest, with the resignation of Dharmendra Pradhan remaining one of the protesters’ central demands.

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CJP says Dharmendra Pradhan’s resignation non-negotiable ahead of third round of talks

CJP has hardened its stand before the third round of talks with the Centre, insisting that Education Minister Dharmendra Pradhan’s resignation remains its primary and non-negotiable demand.

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The Cockroach Janta Party (CJP) has reiterated that the resignation of Union Education Minister Dharmendra Pradhan remains its top demand, just hours before the third round of discussions with the Centre on Saturday.

CJP spokesperson Ashutosh Ranka said the organisation would see little purpose in continuing negotiations if the government was unwilling to remove the minister.

In a post on X, Ranka said Dharmendra Pradhan’s resignation was “non-negotiable” and added that there was no point in holding further discussions if the government rejected the demand.

The third round of talks is scheduled for Saturday afternoon after Union Ministers JP Nadda and Jitendra Singh met CJP representatives for nearly two hours during the second round of discussions on Friday.

According to the CJP, it has placed three key demands before the Centre:

  • Resignation of Education Minister Dharmendra Pradhan.
  • A guarantee that no legal action will be taken against protesting students.
  • Compensation of Rs 1 crore for the families of students who allegedly died by suicide following the NEET paper leak.

During Friday’s meeting, the Centre agreed in principle to two of the demands — ensuring no legal action against protesting students and providing compensation. However, the demand for the Education Minister’s resignation remains unresolved.

Speaking after the meeting, JP Nadda said the protesters had also submitted five suggestions for reforms to the examination system. He said the government would hold internal discussions before responding during Saturday’s meeting.

Government sources, however, indicated that Dharmendra Pradhan’s resignation is not under consideration. According to the sources, the government believes resignation is not the appropriate course of action and continues to back the minister.

Meanwhile, the Centre has announced several measures aimed at tackling examination paper leaks. Prime Minister Narendra Modi has announced the establishment of fast-track courts to hear paper leak cases, while the government is preparing amendments to strengthen the law with stricter punishments and higher fines.

The Centre has also replaced the Education Secretary and removed 47 officials of the National Testing Agency (NTA), while promising broader reforms within the examination body.

Responding to the action against NTA officials, Ashutosh Ranka said the move alone was insufficient. He maintained that accountability ultimately rests with the Education Minister and reiterated that Dharmendra Pradhan must resign.

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