Rahul Gandhi convicted; will he be disqualified as an MP? And in retrospect, were lockdowns a mistake?

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Rahul Gandhi convicted for defamation; will he be disqualified as an MP?

The Surat District Court held Rahul Gandhi guilty in a 2019 defamation case and sentenced the Congress MP to two years of imprisonment.

The context: Gandhi had in 2019 questioned why “all thieves” share the surname Modi, citing examples like Nirav Modi, Lalit Modi, and Narendra Modi. BJP MLA Purnesh Modi had filed a complaint against Gandhi after he made the remark at a Lok Sabha election rally in Karnataka.

The details: Gandhi has been found guilty under IPC Sections 499 and 500 and given the maximum possible sentence of two years.

• However, he was given bail after paying a bond of Rs 10,000 shortly after the order was pronounced.
• The court also stayed Gandhi’s imprisonment for 30 days so that he can appeal in a higher court.

Yes, but: Under India’s defamation laws, the defaming statement “must purport to a person or a class of persons” - which in this case is anyone with the surname Modi. However, since the defaming statement was not aimed explicitly at the complainant - BJP MLA Purnesh Modi - the court’s verdict may be challenged.

Will Rahul Gandhi be suspended as an MP? In India, elected MPs can be disqualified if their conviction falls under Section 8 of the Representation of the People Act of 1951.

• As per Section 8(3) of the RPA, if the lawmaker is convicted for any offence with a sentence of two years or more, they stand to be disqualified.
• Under Section 8(4) of the RPA, the disqualification can be processed only after 3 months during which time the MP has the option of filing an appeal in a higher court. However, in a landmark 2013 ruling (Lily Thomas v Union of India) the Supreme Court struck down Section 8(4) as unconstitutional.
• Hence, if Gandhi wants to avoid suspension, he must secure a specific order that stays the conviction and not just the sentence.

Were lockdowns a mistake? Survey reveals startling results

Three years since the pandemic struck, UnHerd's survey on public opinion of the lockdowns in the UK reveals that most Brits thought they were essential.

The details: UnHerd asked 10,000 voters whether they agree that "In retrospect, lockdowns were a mistake."

• Overall, 27% agreed lockdowns were a mistake, 54% disagreed with the statement, and 19% said they were unsure. Specifically - 30% of people strongly disagree with the statement, while only 12% strongly agree that lockdowns were a mistake.
• In all 632 constituencies in Britain, people who were pro-lockdown outnumbered those who were against it. UnHerd writes that if the “defenders of lockdown” were a political party, it would sweep the nation in a landslide.

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Between the lines: Freddie Sayers writing for UnHerd argues that looking at Covid data in retrospect, countries that had lower infections in the first year, caught up in the second year with countries that had higher rates of infections and deaths - irrespective of lockdowns.

• He adds that three years later, there is no data that suggests that countries that opted to shut down society fared any better than countries that didn't.

In fact, if excess deaths are to be looked at as an indication of the pandemic's effect, then data shows that Scandinavian countries with loose-to-no lockdowns are actually at the bottom of the table of excess deaths compared to their European counterparts that shut down their societies.

The bottom line: The fact that despite this data, people choose to agree that lockdowns were essential shows that "when frightened, people will choose security over freedom," Sayers concludes.

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