In run-up to 2024, Cong prepares for long haul, in the courts and outside

While a nationwide protest campaign is being worked out, Priyanka invoked the “contributions” of the family to the country. She said Rahul was ousted from Parliament in a “planned manner” because he had asked questions to the Prime Minister about industrialist Gautam Adani.

Making it clear that it was a “political issue before legal” and is vital for leaders of all political parties, the Congress hit out at the BJP government over the “tearing hurry” with which Gandhi was disqualified. It said the move also signified the “systematic, repetitive emasculation of democratic institutions by the ruling party” and “strangulation of democracy” itself. The ruling dispensation, it said, was finding new techniques of “gagging” Gandhi.

Gandhi’s conviction and disqualification from Lok Sabha, the party believes, has given it the much needed “proof” to corner the BJP government and paint it as “authoritarian” and “dictatorial”. Besides, Gandhi will remain at the centre of the political discourse. This despite the fact that a section of the party had been of the view that Gandhi’s attempts to link the Adani Group to Prime Minister Modi may not succeed electorally.

The added advantage was the coming together Friday of Opposition parties including rivals like the TMC, AAP and BRS.

On the legal battle, Congress spokesperson Abhishek Singhvi said, “We are confident that we will get a stay of conviction. A stay of conviction will remove the very basis of this disqualification… It takes time to draft and to file. They are taking advantage of that time… hot-footing it by these disqualification notices… but we have full faith in the law.”

The party hit out at the BJP government for the “hasty” disqualification of Gandhi.

Senior Congress leader P Chidambaram said, “Judgment on 23 March, disqualification on 24 March. The speed with which the system moved is astonishing. No time is spent on reflection, understanding or allowing time for legal review. Obviously, there are no voices of moderation in the BJP party or government. The net result is parliamentary democracy has suffered another cruel blow.”

Congress communication department Jairam Ramesh tweeted: “9 days after Rahul Gandhi’s Adani speech in LS on Feb 7th, the defamation case against him gets fast tracked by the complainant withdrawing his own stay in the HC on 16th Feb. On 27th Feb arguments resume after 1 year. 17th March judgment reserved. This is no coincidence.”

Singhvi and Priyanka touched upon the same points.

Singhvi said the complainant had filed an application in March 2022 seeking summoning of Gandhi again – he had appeared in court to record his statement in person in June 2021 – which was rejected after which the complainant approached the High Court and got a stay of his own complaint.

“The High Court granted its stay on March 7, 2022. So it is like I filed a complaint. I seek a stay of my own complaint… Now, the same complainant after a hiatus of 11 months, when he has no interest in his own complaint, suddenly wakes up and goes on February 16 this year, seeking a vacation of the same stay which he himself obtained,” Singhvi said.

“The High Court vacated the stay, the man rushed back to the trial court and we got this judgment. Meanwhile, the magistrate has changed,” he said.

Priyanka referred to Gandhi’s speech in Lok Sabha. “He raised the issue of Adani. He asked questions in Parliament. That is why all this has happened,” she said.

At the hour-long meeting at the party headquarters, sources said leaders came up with several suggestions, prompting Kharge to set up a small group to decide the agitation roadmap. Sources said one leader even suggested that all the MPs of the party in Lok Sabha should also resign in solidarity with Rahul.

The other suggestions included holding a massive rally in Delhi by the end of this month, holding corner meetings across the country, organising a rally in Surat and starting the next leg of the Bharat Jodo Yatra from Surat.

Sources said Priyanka asked the leaders to prepare for the long haul. She is learnt to have said that the party should focus on fighting the electoral battle in Karnataka, suggesting that a victory there will be the answer to the BJP.

Sonia Gandhi was of the view that “political battles should be fought politically”, suggesting that the judiciary should not be brought into the political battle. The legal battle, she said, should be fought separately.

Speaking to reporters after the meeting, Priyanka said, “Be it BJP spokespersons, ministers, MPs and even the Prime Minister himself… they criticise and use abusive language against my family, Rahulji, my mother, Indiraji and Pandit Nehruji from morning to evening. This has been going on for a long time but no judge has sentenced them for two years. They were not disqualified.”

In a series of tweets, Priyanka also targeted the Prime Minister. “Narendra Modi ji, your sycophants called the son of a martyred Prime Minister a traitor, Mir Jafar. One of your Chief Ministers raised questions as to who is the father of Rahul Gandhi? Following the custom of Kashmiri Pandits, a son wears ‘pagdi’ after his father’s death, maintaining his family’s tradition. Insulting the whole family and the Kashmiri Pandit community, you asked in Parliament why we don’t keep the name Nehru. But no judge gave you a sentence of two years, did not disqualify you from the Parliament,” she said.

Singhvi also pointed out that “though the conviction is by a court… disqualification under Article 103 of the Constitution has to be by the President of India. And under 103, the President of India has to first, before disqualifying Rahul Gandhi, take the opinion… a recommendation from the Election Commission. Admittedly, it is not done.”

“In the interest of fairness and completeness… I must let you know also that in a case called Lok Prahari, the Supreme Court had noted the argument of the EC which says that ‘we do not need to go to the President with the recommendation because this is a court conviction… the President has no role in a court conviction case’. Though this point is noted by the Supreme Court… in the Lok Prahari case, it is not decided… The EC, no doubt, has issued a circular saying in such cases of conviction we don’t need to go to the President… but my question is if the Constitutional Article 103 says so… neither the practice of the EC nor indeed a recordal of a submission of the EC to the Supreme Court… nor indeed a recordal by the Supreme Court can change the Constitution… the highest law of the land is the Constitution,” he said.

Asked whether the disqualification will get annulled if a higher court stays his conviction, Singhvi said, “My view is yes, but equally my expectation is no.”