The Hindu journalist lies about BJP’ Babu Bokhiria’s conviction case to painting Rahul Gandhi as sufferer, here is the reality

On March 24, India’s Parliament disqualified senior Congress chief and Wayanad MP Rahul Gandhi from the Lok Sabha. The resolution got here after Surat Court convicted the Gandhi scion and sentenced him to 2 years in a 2019 felony defamation case. Since his disqualification, the dynasty-run social gathering’s members and sycophants have been virtually crying hoarse and spreading all types of misinformation to insinuate that Rahul Gandhi has turn out to be a sufferer of BJP’s vendetta politics. One such particular person becoming a member of the bandwagon on Friday was Mahesh Langa, a ‘journalist’ with The Hindu.

Langa took to Twitter on March 24, hours after the information of Rahul Gandhi’s disqualification turned public, to invoke a decade-old conviction case of Gujarat BJP minister Babu Bokhiria and lie blatantly about it to painting the Gandhi dynast as a sufferer. Nevertheless, he was fact-checked as quickly as he posted the lies.

Sharing a hashtag in assist of Congress chief Rahul Gandhi, Mahesh Langa tweeted, “In 2013, Gujarat Cabinet minister Babu Bokhiria was convicted for two years in a mineral theft case. He was not disqualified and did not even resign from cabinet. After two weeks, his appeal for staying the conviction was granted. #RahulGandhi.”

In 2013, Gujarat Cabinet minister Babu Bokhiria was convicted for 2 years in a mineral theft case. He was not disqualified and didn’t even resign from cabinet. After two weeks, his enchantment for staying the conviction was granted. #RahulGandhi

— Mahesh Langa (@LangaMahesh) March 24, 2023

To Langa’s dismay, Akhilesh Mishra, the CEO of BlueKraft and the digital director of MyGov, the federal government’s citizen interplay portal, fact-checked The Hindu journalist by citing info which can be simply accessible on a number of public platforms.

Mishra rapidly reminded the so-called journalist that BJP chief Babu Bokhiria was convicted on June 15, 2013. Section 8 (4) of the Representation of the People Act was in impact on the time, which mentioned that if a convicted lawmaker appeals the conviction at a better court docket inside 3 months of the conviction, there is no such thing as a must resign. Therefore, there was no must resign for Babu Bokhiria as he had appealed the judgement inside 3 months. The Supreme Court of India struct down part 8(4) of the RPA on July 10, 2013, after which disqualification has been computerized.

“Babu Bokaria was convicted on June 15, 2013. At this time, Sec 8 (4) of RPA applied and thus there was NO requirement to resign. The Supreme Court verdict, now the law of the land, came on 10th July 2013. Since then disqualification is automatic,” Akhilesh Mishra tweeted.

Babu Bokaria was convicted on June 15, 2013. At this time, Sec 8 (4) of RPA utilized and thus there was NO requirement to resign.

The Supreme Court verdict, now the legislation of the land, got here on tenth July 2013. Since then disqualification is computerized. https://t.co/LaC90vxpuQ

— Akhilesh Mishra (@amishra77) March 24, 2023

As rightly identified by Mishra, the Supreme Court of India handed a landmark judgment on 10 July 2013 during which it struck down Section 8(4) of the Representations of Peoples Act, 1950 as unconstitutional. This judgement was delivered within the case of Lily Thomas vs Union Of India & Ors ((2013) 7 SCC 653) which was presided over by Justice A.Okay. Patnaik, Justice Sudhansu Jyoti Mukhopadhaya.

The Supreme Court had delivered the judgement in response to 2 PILs filed by Supreme Court lawyer Lily Thomas and NGO Lok Prahari difficult Section 8(4) of the Representation of the People Act, 1951 as being unconstitutional. Accepting the petitions, The Supreme Court held that Section 8(4) is certainly extremely vires to the structure. 

Importantly, the apex court docket had added that sitting members who’ve beforehand benefited from Section 8(4) could be unaffected by this resolution. Therefore, as Babubhai Bokhiria had taken the advantage of part 8(4) of the RPA earlier than the Supreme Court struck it down, right here was not liable to resign. Although the Congress social gathering had demanded his resignation after the court docket verdict, he was not legally certain to take action.

On the opposite hand, because the mentioned part now not exists, Rahul Gandhi doesn’t have any safety from disqualification now, and what the parliament did was in response to the legislation, as part 8(3) of RPA says that if any MP or MLA convicted of any offence and sentenced to imprisonment for not lower than two years shall be disqualified from the date of conviction, and the disqualification will proceed for six years after launch from jail.

Meanwhile, Babubhai Bokhiria, a member of the BJP social gathering who was twice elected as an MLA within the Gujarat Legislative Assembly in 2012 and 2017, was sentenced in June 2013 to 3 years imprisonment in an alleged limestone mining rip-off. A Gujarat classes court docket stayed Bokhiria’s conviction in July 2013. He was acquitted in late 2014.

Hence it’s obvious that the court docket convicted Bokhiria in June 2013, whereas the apex court docket judgement on the disqualification of elected representatives following their conviction and sentencing occurred a month later in July 2013. As such, enjoying the senseless blame recreation and accusing the BJP of vendetta is totally ridiculous, which Congress adherents ought to keep away from presently and as a substitute advocate varied authorized avenues to get the Gandhi scion out of this quandary.

It is fascinating to notice that the UPA-II authorities at the moment had tried to overturn the Supreme Court judgement by bringing an modification, and an ordinance was additionally issued to make it relevant instantly. But Rahul Gandhi himself had objected to this modification, known as it whole nonsense, and had trashed it in entrance of the media. The modification was withdrawn after this public humiliation of the Manmohan Singh authorities by its personal chief.