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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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Privilege motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

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Privilege Motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

Sagarika Ghose, Trinamool Congress MP on Thursday moved a privilege motion against Union Minister Kiren Rijiju for calling opposition MPs unworthy of being in Rajya Sabha.

Reportedly, the notice was endorsed by 60 opposition MPs. This follows a day after Kiren Rijiju, speaking to opposition MPs in Rajya Sabha, said that they all are not worthy of being in this house.

Addressing the media, Trinamool MP Sagarika Ghose said that the Minister for Parliamentary Affairs, Kiren Rijiju, instead of doing his best to run Parliament smoothly, has chosen to repeatedly insult the opposition.

She added that Kiren Rijiju has insulted opposition members and used personal terms both inside and outside Parliament. She continued that this is totally unbecoming of the high office he holds and amounts to total misuse of his position.

In a privilege motion against Union Minister Kiren Rijiju, Trinamool MP accused him of misusing his office and using unparliamentary language against the opposition. Many senior leaders from all opposition parties have signed the motion, she added.

Earlier on Wednesday, Kiren Rijiju criticised opposition members, saying they were not worthy of being in the House. He further defended Vice President and Rajya Sabha Chairman Jagdeep Dhankhar, who has faced opposition attacks.

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

Nearly sixty MPs from the opposition INDIA bloc on Tuesday submitted a notice in the Rajya Sabha for a no-confidence motion against Jagdeep Dhankhar. The Opposition accused him of being extremely partisan in his role as chairman of the Upper House.

In the no-confidence motion, Congress Chief Mallikarjun Kharge said that the Opposition have no personal enmity or political fight with him, but want to tell the countrymen that they have taken this step to safeguard democracy, the Constitution, and after giving it a lot of thought.

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Ahead of elections, Delhi government clears Rs 1000 per month for women, Arvind Kejriwal promise Rs 2100 if AAP wins

Arvind Kejriwal stated that previously he had promised to give Rs 1000 to every woman, but some women came to him and said that Rs 1,000 would not be sufficient due to inflation.

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Ahead of elections, Delhi government clears Rs 1000 per month for women, Arvind Kejriwal promise Rs 2100 if AAP wins

Ahead of the assembly elections, Aam Aadmi Party chief Arvind Kejriwal on Thursday announced that the Delhi cabinet has cleared a financial assistance proposal for women over the age of 18. He further announced that the assistance of Rs 1,000, originally announced in March, would be hiked to Rs 2,100 if the AAP wins. 

Arvind Kejriwal noted that the money would not be credited into bank accounts since elections were likely to be announced soon, but said that registrations for the scheme, named Mukhyamantri Mahila Samman Yojana, would begin tomorrow.

The former Delhi Chief Minister said that the registration will begin tomorrow, and the registrations will begin for Rs 2,100 and not Rs 1000. He made this announcement at Mahila Samman Yojana event where he was accompanied by Delhi Chief Minister Atishi.

Arvind Kejriwal stated that previously he had promised to give Rs 1000 to every woman, but some women came to him and said that Rs 1,000 would not be sufficient due to inflation. Therefore, Rs 2,100 will be deposited into the accounts of all women, he continued. Furthermore, the AAP national convenor said that the aforesaid proposal was passed in the cabinet meeting chaired by Atishi this morning, following which the scheme has been implemented.

In March 2024, the then Kejriwal-led Delhi government announced Rs 1,000 per month to all women above 18 years in the national capital under the Mukhyamantri Samman Yojna.

Notably, this initiative bore resemblances to Madhya Pradesh’s Ladli Behna Yojana, under which women from lower- and middle-class homes would receive a monthly transfer of Rs 1,000 into their accounts.

In his address today, Arvind Kejriwal said the scheme would prove to be a boon for the Delhi government as it will be blessed by mothers and sisters, benefitting from the monthly funding.

He also added that women build the future of the country, and they consider it their privilege to support them in their work. Along with Delhi’s two crore population, the government overcomes the biggest obstacles, he said, adding no obstacle can prevent them from doing good work for the people of the city.

Lashing out at the BJP, Arvind Kejriwal said that he first announced the scheme in March and hoped that it would be implemented at least by May. However, the BJP conspired and sent him to jail based on a fraud case. He added that since his return from jail, he has worked to implement this scheme with Atishi. 

Arvind Kejriwal was arrested by the Enforcement Directorate in March in connection to the Delhi liquor policy case. The former Chief Minister was released from Tihar Jail on September 13 after the Supreme Court granted him bail. Four days later, he resigned as the Delhi Chief Minister.

The elections to the 70-member Delhi Assembly are expected in January 2025. The AAP has so far released two lists of candidates to contest the election.

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Maharashtra CM Devendra Fadnavis meets PM Modi amid deadlock over cabinet portfolios

Devendra Fadnavis, Eknath Shinde, and Ajit Pawar agreed on a division of 22 ministerial berths for the BJP, 11 for Shiv Sena, and 10 for the NCP.

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Maharashtra Chief Minister Devendra Fadnavis met Prime Minister Narendra Modi in New Delhi on Thursday amid conundrum over cabinet portfolios. Almost three weeks after winning a majority in Maharashtra elections, the Mahayuti alliance is yet to decide on cabinet portfolios among the three alliance partners namely BJP, Shiv Sena and NCP.  

The meeting with the Prime Minister comes amid the three parties requesting the intervention of central BJP leaders to address remaining contentious issues. Earlier on Wednesday night, Fadnavis and his deputy Ajit Pawar held a meeting with Union Home Minister Amit Shah and BJP chief JP Nadda. Meanwhile, Deputy Chief Minister Eknath Shinde chose not to join the trip.

Reports said, Devendra Fadnavis, Eknath Shinde, and Ajit Pawar agreed on a division of 22 ministerial berths for the BJP, 11 for Shiv Sena, and 10 for the NCP. Notably, the maximum number of cabinet positions in Maharashtra, including the chief minister, is 43.

Nonetheless, the distribution of berths may still change. As per BJP leaders, if Shiv Sena and NCP request more positions, they will likely be assigned less significant portfolios. The major portfolios, including home and revenue, are expected to remain with the BJP. Reportedly, while Eknath Shinde had pushed for the home department, he has been given urban development, and the finance portfolio will go to the NCP.

The Shiv Sena initially argued that the election victory was achieved under Shinde’s leadership, insisting that he should remain Chief Minister. Nonetheless, the BJP stood firm, pushing for Fadnavis to hold the top position. Eknath Shinde had limited leverage, as the BJP only needed the NCP’s support to secure a majority. Notably, Shinde has always maintained publicly that he would not block government formation and took the oath as Deputy Chief Minister on December 5. 

However, Eknath Shinde’s current absence from the capital has raised questions in political circles, and it remains unclear whether he will join the discussions in Delhi.

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