Month: March 2023

Germany on Thursday said that it has taken note of the verdict of the first instance of suspension from Parliament of Congress leader Rahul Gandhi.

“We have taken note of the verdict of first instance against the Indian opposition politician Rahul Gandhi as well as the suspension of his parliamentary mandate. To our knowledge, Mr Gandhi is in a position to appeal the verdict,” a German Foreign Ministry spokesperson said during a press briefing that was aired on German state-owned international broadcaster Deutsche Welle (DW).
“It will then become clear whether this verdict will stand and whether the suspension of his mandate has any basis,” the spokesperson added according to a video of the broadcast which was posted on Twitter by Richard Walkar the Chief International Editor of DW based in Berlin.

Germany “expects that the standards of judicial independence and fundamental democratic principles will apply in the the case,” she said.

Earlier this week US Department of State Principal Deputy Spokesperson Vedant Patel said that the US is watching Rahul Gandhi’s case in Indian courts.

“Respect for the rule of law and judicial independence is a cornerstone of any democracy, and we’re watching Mr Gandhi’s (Rahul Gandhi) case in Indian courts,” he said addressing a press briefing in Washnigton

Patel, responding to a question on Rahul Gandhi’s disqualification as an MP said that the US engages with the Indian government on a shared commitment to democratic values, including freedom of expression.

“The US engages with the government of India on our shared commitment to democratic values, including of course freedom of expression in our engagements with our Indian partners,” Patel had said.

On March 23, Rahul Gandhi was convicted by a Surat district court and sentenced to two years imprisonment in the 2019 defamation case over his ‘Modi surname’ remark made in 2019 during an election rally in Karnataka.

The criminal defamation case against Rahul Gandhi was filed by BJP MLA from Surat West Purnesh Modi.

After being convicted by the court, Rahul Gandhi was disqualified from the Lok Sabha.

The sentence of two-year imprisonment has been suspended for 30 days before which Rahul Gandhi has to appeal against the conviction.

Rahul Gandhi’s disqualification from Lok Sabha triggered a massive political row with the BJP stating that the Congress leader was “a habitual loose cannon” and the Congress alleging that he was got “deliberately disqualified”. (ANI)

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The Supreme Court on Wednesday remarked that there cannot be a separate rule for a lawmaker and common people on the issue related to the suspension of conviction and sentence in a criminal case while hearing a matter pertaining to Lakshadweep MP Mohammed Faizal plea.

A bench of justices KM Joseph and BV Nagarathna made this remark while it was hearing petitions related to the case against Lakshadweep MP Mohammed Faizal.
“If prima facie opinion based on materials before the court reflects that it is a case of acquittal then suspension of conviction can be argued,” the court said.

“There cannot be a different rule for a Member of Parliament and Member of Legislative Assembly for suspension of conviction and sentences,” the court said.

The court remark came after it noted the Kerala High Court while suspending his conviction and sentence observed that Faizal was an elected representative and that if his conviction has not stayed, the seat will be vacant and polls would cost the exchequer.

The court has asked the UT to furnish the deposition of all the relevant witnesses and listed the matter in April.

Meanwhile, the court has apprised of the fact that Faizal Lok Sabha’s membership has been restored.

The court was hearing the Union Territory of Lakshadweep’s plea challenging the interim impugned order dated January 25, 2023, passed by the High Court of Kerala at Ernakulam.

Earlier, Kerala High Court suspended the conviction and sentence of Lakshadweep MP and Nationalist Congress leader (NCP) leader PP Mohammed Faizal and three others in a case of an attempt to murder.

Kerala HC passed the order on a plea of Faizal and others challenging a trial court’s order at Lakshadweep in an attempt to murder case. Faizal filed the application seeking to suspend the 10-year imprisonment.

Earlier, the Kavaratti Sessions Court had convicted four persons, including Faizal.

Thereafter, The UT Administration of Lakshadweep moved the Supreme Court challenging the Kerala High Court order, which suspended the conviction of Lakshadweep MP Faizal in the attempt to murder case.

In the plea, the Union Territory of Lakshadweep challenged the interim impugned order dated January 25, 2023, passed by the High Court of Kerala at Ernakulam.

Through the impugned interim order, the High Court has suspended the conviction and sentence imposed on Mohammed Faizal by the Sessions Court, Kavarthi, Union Territory of Lakshadweep, till the disposal of the criminal appeal.

The High Court has also suspended the sentence of imprisonment of other accused till disposal of the appeal.

Earlier, the Kavaratti Sessions Court had convicted four persons, including Faizal for committing offences punishable under Indian Penal Code (IPC) sections143, 147, 148, 307, 324, 342, 448, 427, 506 read with 149 relating to offences relating to rioting, attempt to murder, violence, kidnapping.

They were all sentenced to undergo 10 years of rigorous imprisonment and were also directed to pay a fine of Rs 1 lakh each for allegedly attempting to murder Padanath Salih, the son-in-law of former Union Minister PM Sayeed in relation to a political controversy during the 2009 Lok Sabha elections.

The UT Administration of Lakshadweep, in the plea, said that the consequence of Faizal’s conviction by the Ld. Sessions Court, Kavarthi on January 11, 2023, was that by operation of Article 102(1)(e) of the Constitution read with Section 8(3) of the Representation of the People Act, 1951, the respondent, who was an elected Member of Parliament from Lakshadweep Constituency, stood disqualified by the operation of law from the date of conviction and the Lok Sabha Constituency of Lakshadweep stood vacated.

The Lok Sabha Secretariat had issued a Notification dated January 13, 2023, to the same effect in terms of Article 102(1)(e) of the Constitution of India read with Section 8, of the Representation of the People Act, 1951, i.e. by virtue of conviction of the Faizal, stood disqualified as a member of Lok Sabha representing Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep.

Pursuant to this disqualification, the Election Commission of India issued a press note dated January 18, 2023, deciding to hold bye-elections to fill the vacancy in the Parliamentary Constituency of Lakshadweep on February 27, 2023.

However, by the impugned interim order dated January 25, 2023, the High Court has suspended the conviction and sentence of the respondent for offences including Section 307 IPC where the punishment of 10 years rigorous imprisonment was imposed and the sentence of the accused was suspended.

The administration said that the impugned interim order has suspended the conviction of the respondent, only on the basis of consequences of an election, which are totally irrelevant to the entire issue.

“Section 389 CrPC for the purposes of suspension of conviction does not envisage the ground that was referred by the High Court while passing the impugned interim order,” the UT said.

It added that the principles of democracy, purity of elections and decriminalisation of politics have all been accepted and acknowledged by the High Court but ignored by the High Court while passing the interim impugned order.

The UT stated in its plea that the High Court has ignored the object and spirit of Section 8(3) of the Representation of the People Act, 1951 and Article 102(1)(e) of the Constitution. That in the entire impugned interim order, there is no iota of discussion on the suspension of sentence, especially when the respondent No. 1 to 4 (accused persons) have been convicted under Section 307 IPC”. (ANI)

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As Taiwanese President Tsai Ing-wen on Wednesday embarked on a 10-day visit to Central America, which will include transit in the United States, China has warned the Taiwanese President against meeting US House Speaker Kevin McCarthy.

Chinese Foreign Ministry spokesperson Mao Ning said that the US side keeps conniving to support the separatist forces of Taiwan independence and asked Washington to stop committing “dangerous acts that underline the political foundation of the two countries’ relations.”
As she departed on a diplomatic mission to Central America, Tsai Ing-wen said that Taiwan has every right to “connect with the world,” CNN reported.

Ahead of Tsai’s departure, China hit out against the trip pledging on Wednesday to “resolutely fight back” if the Taiwanese President met US House Speaker Kevin McCarthy, a move Beijing would consider a violation of its sovereignty.

China also criticized the US as Tsai Ing-wen was en-route with the Chinese Foreign Ministry urging Washington to stop committing “dangerous acts that underline the political foundation of the two countries’ relations.”

“It is not the Chinese side that overreacts, but the US side that keeps conniving to support the separatist forces of Taiwan independence,” Chinese Foreign Ministry spokesperson Mao Ning said as per the CNN report.

Tsai Ing-wen departed from Taiwan on Wednesday for a 10-day trip, which will include stopovers in New York City and Los Angeles on either side of official visits to Guatemala and Belize, according to CNN.

“External pressure won’t stop our determination from moving toward international society,” Tsai Ing-wen told reporters before taking off.

“We’re calm, confident, uncompromising and unprovocative,” Tsai further said.

The trip has gained attention after reports claimed that Tsai Ing-wen will meet US House Speaker Kevin McCarthy during one of her unofficial stopovers in the US, as per the CNN report. Taiwan is yet to confirm the meeting between the two leaders. In March, McCarthy said he would meet Tsai while she was in the US. However, he did not mention any date.

After her New York City stopover, the Taiwanese President is expected to visit Guatemala on April 1 and Belize on April 3. She will transit in Los Angeles before she travels back to Taiwan on April 7, CNN reported citing Taiwan’s Presidential Office, as per the news report.

Last year, China fired multiple missiles and launched military drills around Taiwan after then-US House Speaker Nancy Pelosi visited the island. Her visit also strained the bilateral ties between US and China. (ANI)

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