The National Herald litigation has reached a flashpoint. Congress President Sonia Gandhi, party Vice-President Rahul Gandhi and five others will now appear before the trial judge on December 19. The case reflects an interesting mix of law with politics. That the complainant has raised a crucial question of law cannot be disputed. At the same time there is no hedging the fact that the complainant is an important member of the BJP.
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This is where politics creeps in. I don’t wish to delve either into politics or into the legalities of the allegations. It is for the court to debate/adjudicate on the matter. My limited purpose is to make some observations about the rule of law that prevails in India.
Rule of law means the supremacy of law. “Be you ever so high, the law is above you” goes the adage. People often forget that the law catches up ultimately and spares none. Just as mountains can crumble into dust after an earthquake, the mightiest can face life imprisonment after conviction by a court of law.
Supremacy of Law
- What is of utmost importance
is to respect law; examples galore of a media baron as also the Speaker of
Manipur Assembly who were compelled to appear in person in court
- Moving to courts is perhaps
the easiest in India and for this reason, courts need to be circumspect while
adjudicating matters with political overtones
- On its part, the Congress
cannot hedge that the complaint has raised an important question of law that
must be answered
- Seeking the quashing of
every summons may not always work; whoever is summoned by the court must appear
and seek appropriate remedies
Respect The Law
It is most important therefore to respect the law and bow before it. But the high and the mighty, notably our politicians, think it is below their dignity to bow before the majesty of law. It is here that they err grievously.
I recall, ages ago, a media baron faced summons under Section 40 of the Foreign Exchange Regulation Act (FERA), 1973. He took ill and was hospitalised. Repeated summons sent by the Enforcement Directorate proved fruitless. The matter went ultimately to the Supreme Court which strongly disapproved of his conduct. The rest is history.
Similarly, the defiance of the apex court by Dr Borobabu Singh, former Speaker of the Manipur assembly, was so brazen that he had to be bodily lifted before bowing down before a Constitution bench of the apex court. There are several such instances.
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Universal Application Of Law
Law, as the British poet, statesman and lexicographer Samuel Johnson (1709-1784) said, is the ultimate result of human wisdom, acting upon human experience, for the benefit of the public. Johnson’s concept of law is universal and transcends national boundaries. Interestingly, he was arrested in 1756 for his inability to repay a debt of 15 pounds. I shudder to think what would happen if the majesty of law is enforced in India. Fiscal deficit would take a further hit if all loan defaulters are to be accommodated in prison.
In India, any person can be dragged to court. The door of the courts remain open virtually 24X7 as witnessed recently in the late night hearing before Supreme Court in the Yakub Memon case. Moving the judiciary to exercise jurisdiction is perhaps the easiest in India. While this reflects a vibrant democracy, yet, precisely for this reason, courts need to be circumspect while adjudicating matters with political overtones.
Settling Political Scores
Politics is the art of gaining power and a craft to retain it. In this art and craft, all political parties have shown a propensity to settle scores beyond the electoral means. The desperation to catch the opponent on the wrong foot to retain power or to capture lost power has been the worst manifestation of our parliamentary democracy in recent years. The ruling party and the opposition merely change colours alternately.
The BJP cannot hedge that one of its leaders has filed a criminal complaint against the Congress. On its part, the Congress cannot hedge that the complaint has raised an important question of law that must be answered head-on.
No Quashing Of Case
Seeking the quashing of every summons and every show cause notice may not always be the best strategy. Whoever is summoned by the court must appear, make submissions and seek appropriate remedies as available under the law. That is the concept of rule of law that reigns supreme.
On a lighter note, who knows, this litigation may ultimately foster a mahagathbandhan between the BJP and the Congress to retain and gain power respectively, two in one, jointly and severally. That would be pure politics and law will recede to the background. As the saying goes, as civilisation advances, poetry necessarily declines.
(The writer is a senior Supreme Court advocate and a former additional solicitor general of India)
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