Truth always triumphs

Omkar Dattatray

It is a universal fact that truth always triumphs and it is not only a theoretical proposition but a practical reality .Today in the much publicized and high profile case of disqualification and subsequent imprisonment verdict by the Surat court of congress leader and scion of Gandhi-Nehru dynasty ,Rahul Gandhi ,the supreme court stayed the decision and verdict of Surat court .The verdict of the stay of the lower court by the top court of the country has given a major relief to Rahul Gandhi. The effect of the supreme court decision of staying the Surat court verdict is that Rahul Gandhi will be reinstated the membership of the lower house-the Lok Sabha till the case is finally decided by the apex court .The decision of staying Rahul’s conviction in defamation case will give him the liberty to contest the crucial Lok sabha polls of 2024.

Thus stay on conviction will enable Rahul Gandhi to contest the general election 2024.The effect of the stay is that Rahul will be reinstated as the member of Lok sabha .Thus the present verdict which stays the Surat court verdict has given a huge relief to the congress leader .The stay was given by the supreme court on the ground that the trail court failed to explain why Gandhi deserved the maximum two years jail term upon his conviction that led to disqualification from the lower house of parliament .The top court also noted that sentence would not have attracted disqualification had it been a day lesser .

The apex court also observed that the utterances of Rahul Gandhi were bad in taste and  in public life such persons should not utter such words which amount to defamation. and persons should conduct themselves in such a manner  as not lead to defamation .Further More top court observed and said that disqualification of Rahul Gandhi amounts to deny the electorate of the Waynad their representation in the parliament .The Surat court verdict did not only deny Rahul the right to stay in public life ,but also of the electorate which elected him to represent them in Lok sabha .

The celebrations erupted at AICC headquarters and the state congress offices across the country as the news of staying the conviction appeared .The present verdict of supreme court shows that the judiciary in India is independent and impartial .The people of the country and the non BJP parties also hailed the apex court decision whereby it stayed the conviction of congress leader Gandhi in defamation case by the Surat court .The congress asserted that any delay by the government and Lok Sabha speaker in reinstating Rahul Gandhi on any excuse will be malafide ,unfair ,and completely against the heart and soul of parliamentary democracy .

Meanwhile congress leader in Lok sabha Adhir Ranjan Chowdury met speaker and urged him to restore the Gandhi’s membership at the earliest. The Congress  said that we want that Rahul Gandhi to speak on no –confidence motion  in the Lok sabha .It is a matter of satisfaction that judiciary in the country is independent and its decisions are not affected by the government and so people of the country repose trust in judiciary and they look forward to it to deliver justice .It is hoped that in other political cases apex court will decide these also in the interest of the parliamentary democracy and justice .

Many cases are lying in the apex court and it is hoped that these cases too will be decided by the top court keeping the parliamentary democracy and justice in view .People of this country repose faith in judiciary as it is the refuge of the last resort in our democracy and so these cases as well may be decided very judiciously and with an eye on justice .It is also hoped that cases against the politicians will be decided promptly as delayed justice is denied justice and so there is utmost need and necessity of disposing the criminal cases against politicians very promptly .

The stature of Indian judiciary has increased because of its independent character and disposing of the criminal cases in a fair and free manner which furthers the values and principles of democracy .Supreme court stayed the conviction of congress leaders and former member of parliament MP Rahul Gandhi in the criminal defamation case over why all thieves have Modi surname remark .With the stay of his conviction ,Rahul Gandhi’s disqualification as MP also remains in abeyance .The supreme court observed ,the sentence for an offence punishable under section 499 of the Indian Penal Code is maximum of two years or fine or both. .

The learned trial judge,in the order passed by him ,has awarded the maximum sentence of two years. .Except the admonition of the petitioner by this court in a contempt proceeding ,no other reason has been granted by the learned trail judge while imposing the maximum sentence of two years .It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned judge that provisions of section 8(3) of the representation of Peoples Act came into play .Had the sentence been a day lesser ,then the provisions would not have been attracted .Particularly when the offence was non-cognizable ,bailable and compoundable ,the least which was expected from the learned trail judge was to give reasons for imposing the maximum punishment .

Though the learned appellate court and the high court have spent voluminous pages in rejecting the applications ,these aspects are not considered .Considering the wide ramifications of section 8(3) affecting not only the right of the petitioner but also rights of the electorate which elected him in the constituency and also the fact that no reason has been assigned by the trail court to award the maximum sentence ,the bench said it thus staying the conviction.

What has been loud and clear is that truth always triumphs and same is the case in staying the conviction of Rahul Gandhi by the trail court .Rahul Gandhi himself commented that truth always triumphs .Even if it was late but the fact remains that truth always triumphs and same was true in this case as well .So sooner or later truth prevails and Indian judiciary has proved it umpteenth times and our judiciary deserves salute for its independent character ,impartiality and unbiased nature and giving verdicts and deciding cases on the basis of truth and evidence .May Indian judiciary reach new highest of impartiality and independence and may it remain as the custodian of citizens rights in our parliamentary democracy .In the end let me conclude this write up with the universal reality that is truth triumphs.

(The author is a columnist, social and KP activist)