Indian opposition leader Rahul Gandhi has been sentenced to two years in prison for criminal defamation against Prime Minister Narendra Modi. The Congress MP made comments about the Prime Minister’s surname at an election rally in 2019, stating that “all these thieves have Modi as their surname.” The statement was made in reference to fugitive Indian diamond tycoon Nirav Modi and former Indian Premier League chief Lalit Modi, who has been banned from the country’s cricket board for life. Gandhi argues that the comment was intended to highlight corruption and was not directed against any community.

Despite being present in court for sentencing, Gandhi remains out of jail on bail for 30 days and intends to appeal. The ruling has been met with criticism from Gandhi’s party, who claim that he is being targeted for exposing the government’s “dark deeds.” A Congress spokesman said that the ruling was full of “legally unsustainable conclusions” and that the party’s politicians would not be silenced.

The case against Gandhi was filed by a BJP lawmaker who claimed that his comments had defamed the entire Modi community. However, some legal experts were puzzled by the order handed down by the court in Surat. Legal scholar Gautam Bhatia tweeted that references to a generic class of persons, such as surnames in this case, are not actionable unless an individual can show a direct reference to themselves.

The ruling Bharatiya Janata Party (BJP) argues that due judicial process has been followed in the case, which dates back to the campaign ahead of the last election. The BJP claims that Gandhi’s comment was a deliberate attempt to defame Prime Minister Modi and his family.