‘No delay as yet… but to not reinstate Rahul henceforth would show a lack of grace… Everything is not written in rules’: Abhishek Singhvi

Do you think the delay is deliberate? How long are you prepared to wait?

At the moment, I am not saying a delay has occurred. The judgment came only yesterday (Friday). But any delay henceforth would show a lack of grace. There is no such thing as ‘How long are we prepared to wait?’. Everything is not to be written in rules. Things are done by magnanimity, by grace, and we will see. I hope and trust that we do not have to do what I had personally done in the case of Lakshadweep MP Mohammad Faizal. I had moved a petition for reinstatement. I am confident that we will not have to do that.

There was a view some months ago that Rahul Gandhi should have approached the Supreme Court directly. This verdict, they say, could have come earlier.

I hope Friday’s verdict is the best answer to the naysayers, the doubters and the insinuators. From allegedly too much time taken to file an appeal against Rahul Gandhi’s conviction, to leapfrogging to the Supreme Court, we have heard it all. Gandhi, on good advice, stood steadfast in his belief in the legal and judicial system, and exhausted each rung of the ladder, irrespective of the verdict. Our belief in truth and justice has been vindicated. But I have no doubt that the carping critics will never stop. It must mean that we are doing many things right.

On Monday, the Rajya Sabha will take up the NCT Bill. You are the lead speaker. There are two questions, legal and political. The Delhi and Punjab units of the Congress are unhappy with the increasing cooperation between the Congress and the Aam Aadmi Party on the Bill, and other issues. Legally, do you think the Bill, which will be passed, will stand court scrutiny?

Firstly, I argued the entire matter over several weeks in my professional capacity. Secondly, I am therefore privileged to be the lead speaker and the Congress, and indeed the other parties, are prepared to give me the maximum time to speak. Thirdly, these political angularities now have little meaning in view of the special agreement among parties of the non-NDA Opposition to oppose the Bill. Fourthly, it has even lesser significance after the formation of the INDIA bloc and its further progress. Hence, I see no political contradiction whatsoever.

As far as the legal issues are concerned, I have no doubt in my mind that the Bill, if passed, would be struck down as unconstitutional. It violates the principle of assembly-based democracy, it eliminates civil service accountability to the political Executive, it eliminates accountability of an elected government to the people who elected them, and it renders the entire constitutional scheme of Article 239AA nugatory without any constitutional amendment. There is a simple striking question… No government – of the BJP, Congress or a third front – whether there were different governments in the NCT and at the Centre or the same political party in both places… ever thought of such pernicious, intrusive and prejudicial measures against the people of Delhi for the last 30 years since the 239AA was introduced. Why should the BJP be such a graceless loser and why should it want to control everything?

Today is August 5. On this day in 2019, Jammu and Kashmir was bifurcated into two Union territories and Article 370 was abrogated. Both the Peoples Democratic Party and National Conference are part of the INDIA alliance. But today there is silence on the part of the larger Opposition. Why?

Firstly, the issue is sub-judice. Too much commenting on the merit is unnecessary in the view of an impending judgment and also inappropriate. Secondly, and this is purely my personal view, the greater, live issue may well be the bifurcation or reduction in status from state level to Union territory… rather than the Article 370 issue, which may well have become a fait accompli now. However, this remains in the wisdom of the Supreme Court under active consideration. I don’t think there is any fundamental issue of conflict on this theme within the INDIA alliance.

You are also appearing for senior AAP leader Manish Sisodia, who has been in jail over corruption charges. The Opposition has accused the BJP government of indulging in vendetta politics.

All I can say, having examined the matter in great detail on the merits, is that Sisodia has an extremely strong case and we are extremely hopeful that when it is heard on September 4, his request for bail would be allowed. I hope and trust that the general public does not keep getting distracted by the repeated digressions and diversions created in the press on irrelevant issues, largely by vested interests. We will see on September 4 that elaborate merits would be placed before the Supreme Court showing the ED (Enforcement Directorate) has absolutely no case worth the name. A lot of misformation in this regard is being fed through different quarters in the press.

Twenty-six parties have come together to form the INDIA alliance. It is all very good optics wise, but when it comes to seat-sharing – from Bengal, from where you are an MP, to Punjab, Delhi and Uttar Pradesh – there will be challenges. Should the Congress show magnanimity and concede some space?

This is the best initiative in the furtherance of electoral success. I hope and trust that the pace and direction of the alliance continue with greater depth. This convergence is vital. The ultimate objective has to be one person per constituency representing the entire Opposition at least for 500, or 450 seats, if not for all. God and the devil lie in the details. And I am not suggesting that it is an easy or casual task. But if the larger interest of Opposition unity in 2024 is kept in mind, if the decision focuses only on the national framework and not on local elections, and if all forms of ego are submerged, I have no doubt that vote division will be prevented and the NDA, BJP and Narendra Modi will be given an excellent fight and also a fright.

Mallikarjun Kharge took over as Congress president over nine months ago. He still does not have a CWC nominated by him. You are a member of the Steering Committee (earlier the CWC). Why the delay?

The Congress is the only party that has had a full-fledged election. We have had a very actively functioning CWC and Kharge has demonstrated immense dynamism and the initiatives are for the diverse Congress fora. Having had a grueling all-party election, it was natural to defer the reconstitution of the CWC, but I have no doubt that it will happen in the near future. In the meanwhile, you are ignoring the very large number of committees and subcommittees that have been reconstituted on a daily basis. I think it is an excellent track record of momentum and dynamism.