Scuffle with MPs: If found guilty, Rahul Gandhi may face up to 7 years in jail, will MPs also go?

New Delhi: All opposition parties including Congress protested against Union Home Minister Amit Shah’s statement in Parliament on Dr. Bhimrao Ambedkar. Ruling BJP MPs were also protesting against the Congress’s opposition. Two BJP MPs Pratap Sarangi and Mukesh Rajput were injured in the scuffle that took place during the protest in the Parliament complex. Both have been admitted to the hospital. BJP alleges that Congress MP Rahul Gandhi pushed both their MPs and made them fall, due to which they got injured. However, Rahul has denied these allegations. Now BJP has registered a case against Rahul Gandhi in this matter and has written a letter to Rajya Sabha Chairman Jagdeep Dhankhar. BJP’s female MP has also accused Rahul in this matter, which may make Rahul Gandhi uncomfortable. Let us know what kind of cases can be filed against Rahul Gandhi.

BJP’s female MP also made serious allegations

At the same time, BJP’s Nagaland woman MP Phannon Konyak has alleged that Rahul Gandhi stood very close, which made her uncomfortable. We were protesting very peacefully. Meanwhile, Rahul Gandhi came and started shouting at me. It does not suit Rahul to shout at a woman MP like this. I am very sad and want protection.

Know what Rahul Gandhi said in his/her clarification

Rahul Gandhi said that when I was trying to enter the Parliament through the entrance gate (Makar Gate), the BJP MPs were trying to stop me and threatening me. This happened at that very moment. This is the entrance of Parliament and we have the right to go inside. The main issue is that they are attacking the Constitution.

Demonstration against Shah, injury to another MP, this is a bailable offense

According to Supreme Court advocate Alil Kumar Singh Srinet, whatever sections of the FIR will be registered against Rahul Gandhi in the case of pushing and shoving, will be bailable offences. Actually, Rahul Gandhi was protesting against Amit Shah regarding his/her statement. In such a situation, if any other MP gets hurt, it will not be a cognizable crime i.e. committed intentionally. In such crimes they can get bail immediately. If Amit Shah had suffered the same injury, it would have been believed that Rahul would have committed this crime deliberately. Then a case could have been registered against him/her under non-bailable sections.

Permission will have to be taken from higher authority for Rahul’s arrest.

Anil Singh says that the police will not register a case under serious sections in this matter. This will be a case of simple assault. There is a provision of jail up to 7 years in all these cases. However, in case of arresting Rahul Gandhi, permission is required from higher authority. If it is decided that this may disturb the peace and may lead to riots. In such a situation, the police can arrest Rahul.

If a case is registered, there can be a jail term of up to 7 years

According to Advocate Anil Singh Srinet, whatever case will be registered against Rahul, it will now be according to the Indian Justice Code (BNS). Earlier the case would have been registered under Section 151 of the Indian Penal Code. he/she will now be registered under 189(5) of BNS. That is, under this, if more than 5 people gather illegally at one place, then a case will be registered. Section 115(2) will be imposed in case of simple injury and Section 117(2) in case of serious injury. In both these cases, the punishment can be up to 7 years.

If case is registered under simple sections then punishment up to 1 year

At the same time, a case will be registered under section 110 of BNS for threat or attempt to kill. There is a provision for a jail sentence of up to 3 years. Whatever is yours! Whereas, if a normal case is registered under Section 115(2) of BNS, there is a provision of punishment up to 1 year. However, this will also be bailable.

Members of Parliament have got these privileges, Rahul should also get them

Members of Parliament have these privileges. These include freedom of speech in Parliament. Immunity to a member from any proceedings in court for saying or voting in Parliament or any of its committees. No action can be taken in court against any person on the basis of any report, papers or proceedings published by the Parliament.

These are also privileges

No question can be raised by the courts regarding the validity of the proceedings of Parliament. Officers or MPs who exercise powers to maintain the proceedings of Parliament are beyond the jurisdiction of the court. If any true report related to the proceedings of Parliament is published in the newspapers, it is exempted from any judicial proceedings, unless it is proved that it has been done in bad faith. However, in any such case, video evidence is necessary.