Supreme Court lawyer  Opinion: #NationalHerald Case – Problems of laws and in-laws 

#Delhi :  Since long legal proceedings have been used by some politicians as a tool to cut their opponents to size. The Congress invented this fowl (foul) game and became its most accomplished player. When in power, depending entirely upon their convenience, the investigating agencies under the control of Congress governments have “found evidence” or lack of it in criminal cases against their political opponents and their top law officers have made contradictory statements in the same case before the Apex Court.

The truth of the National Herald case will only be known after a full trial. In the meanwhile, Sonia Gandhi, Rahul Gandhi and some other Congress office bearers have suffered a not too grave court order against them. On a complaint filed by Subramaniam Swamy, a trial court in Delhi found some prima facie material against the Gandhis and other Congress office bearers regarding misappropriation of assets of the Congress Party and the National Herald newspaper founded by Jawaharlal Nehru. The trial court summoned them to be present before it. When challenged by Gandhis, this Order has been sustained by the Delhi High Court.The Gandhis still have an opportunity to challenge the High Court Order before the Supreme Court. Even if they were to lose before the Supreme Court later, the only consequence they will have to face is a trial. Be that as it may, for an expert in criminal law, this is quite an innocuous order and the Gandhis will have full occasion to prove their innocence before the trial court during trial which is pending.

However, the Congress has given the bugle call. It has disrupted the Parliament over the issue. One is left guessing whether this is a strategic decision or the Dynasty Chamchas used a sword to attack a fly on his master’s face and sliced his nose.

Howsoever, sympathetically one looks at the matter, it is difficult to find a strategy for the Congress here. Disruption of Parliament is its Brahmasthra. Its potency can be retained only by its lack of use. In many developed western democracies it is not used at all. In India it has been used by everybody much more frequently than it should be. However, even with our careless standards, it is too much to disrupt Parliament over summons by a trial court order which has been upheld by the High Court.

The Congress has disrupted Parliament over a sub-judice matter. It is pertinent to note that the propriety and the rules of procedure of Parliament do not even allow a discussion on a sub-judice matter.

The country needs an economic push. Even the most strident Modi critics want the government to function. The Congress has become so removed from reality that it does not seem to face the facts which any student of politics can see. Or maybe the worship of Dynasty is only done with closed eyes.

The response of the Dynasty to the issue was nothing but dynastic. Sonia Gandhi stated that she was not afraid because she is Indira’s daughter-in-law. What about crores of Indians who face genuine or false trials for decades without the lineage which Sonia Gandhi has. Should they be afraid of a system created by the Congress where trials drag for decades?

The Congress needs to put in serious efforts in its regeneration. This can only be done by taking up different issues for the people in different corners of the country. Only that exercise can check the serious dystrophy being suffered by the Congress organisation. But the Congress is looking at shortcuts. It has tried to hijack a battle of writers on “intolerance”. Mani Shankar Aiyar took the intolerance debate to Pakistan but the Congress would not allow other debates in the Parliament at home. There seems to be a serious lack of capacity to take up genuine political battles on the streets. Or there is an absence of the desire to do so. May be the problem is not with the body, it is the soul which has shrunk.

The Congress was bad in government. It is worse in opposition. When one compares the Congress in opposition with the BJP in opposition earlier and the present NDA government with the past UPA regime it seems that all of them are fighting for the same spot, the last. We will not get to decide who is a suave winner. We will be left to choose who is the worst loser. The tragedy is that the ultimate loser will not be the Congress or the BJP. It will be us.

The writer is a Supreme Court lawyer

 Bureau Report