New Delhi: Former veteran Congressman & legal luminary Kapil Sibal on Friday elucidated on the legal complexities of Rahul Gandhi’s conviction, sentencing in ‘Modi surname’ defamation case and then his disqualification as Member of Parliament (MP) from the Lok Sabha.
However, the biggest takeaway from Sibal’s decoding of the legal matter is that Rahul’s disqualification was ‘just a matter of time’ and it was coming his way sooner or later, after the court verdict.
Speaking to NDTV, former Union Minister said that there was ‘no question of can be’ if any lawmaker has been convicted for two years and his/her disqualification from the House was imminent.
He however, added that he was yet to read the court order.
Breaking down Rahul’s conviction & disqualification
Kapil Sibal said that for Rahul Gandhi to continue as Member of Parliament, there has to be stay or cancellation of his conviction.
“If the sentencing is suspended, it’s not enough. There has to be suspension or stay of conviction,” Sibal told the TV channel.
Was just a matter of time ; even Sibal said that pic.twitter.com/jq9r6f0OdH
— Alok Bhatt (@alok_bhatt) March 24, 2023
When probed further about political motive behind his disqualification as MP, he said, “there is no question of can be.”
“Law states that the moment you are convicted in any offence for 2 years, your seat will become vacant,” Sibal said.
He called the court order as bizarre as the Congress leader was being sentenced with two years jail term for making statements against certain individuals.
He however, didn’t find any role of Lok Sabha Secretariat in cancelling Rahul’s membership as this was evident from the time, when he was convicted for two years.
“Speaker has to follow the law”, he said.
It may be noted that in the Lily Thomas VS Union of India case, the Supreme Court in its 2013 ruling said, “any MP, MLA or MLC who is convicted of a crime and given a minimum of 2 years’ jail loses membership of the House with immediate effect”.
