Free expression, which is essential to democracy, is chilled by such situations. First off, Rahul was wrongfully convicted by the Surat court on March 23 for making a political comment against a unidentifiable group. But even if the conviction order were assumed to be accurate, it was unfair to give someone without any prior criminal history the maximum punishment of two years in jail in a criminal defamation case.
Source: Deccan Herald
The top court correctly noted that the trial judge’s decision to impose the maximum penalty was not supported by any particular justification. Even one day shorter of a sentence would not have triggered the Representation of the People Act’s requirements for his instant disqualification.
It was unnecessary to impose the maximum term for defamation, a bailable, non-cognizable, and compoundable offence. It was obvious that the Surat Sessions Court and Gujarat High Court had failed to overturn the trial court’s decision to impose the maximum penalty.
Source: India Today
The Supreme Court reversed the harm, although it did note that Rahul’s statements lacked good taste and that someone in public life should be more cautious while giving comments. Even if Rahul is about to regain his Lok Sabha membership, this incident serves as a reminder to politicians not to overreact while disparaging their opponents.
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