Brig Anil Gupta
‘Nemo Est Supra Legis’ is a Latin phrase meaning’ No One is Above The Law’. A recent event has evoked a national debate on the subject. The event relates to the conviction of Rahul Gandhi, the uncrowned supremo of the Congress Party and its likely prime ministerial candidate for the general election scheduled in 2024. He was convicted by a Surat Court in a defamation case filed against him by an MLA of Gujarat for the statement made by him in 2019 castigating an entire community as “Chor” (Thief). He was awarded two-year imprisonment. This is the maximum punishment under the section Rahul has been convicted. The Court also took note of the fact that the Congress leader was previously advised by the Supreme Court to be careful but there was evidently no change in his conduct. He was also granted bail by the Court and the sentence was suspended for 30 days to enable him to appeal in a higher court. Rahul and his advisors did not appeal. Consequently, he lost his membership of the Lok Sabha as he was disqualified in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951.
One was not surprised at the events that followed. The Congress party sensed an opportunity in this to forge the opposition unity and improve its electoral prospect in 2024. Rather than honouring the judgement of the Court or taking the course to legal remedies, Congress chose to turn it into a political slugfest with Rahul playing the ‘Victim Card’. Rahul became more arrogant, the Congress leadership more vocal and the opposition appeared to be united. Even the judiciary was not spared from sparring comments by Congress and other opposition leaders. It turned into an open battle between the opposition and the ruling party with both sides trading charges and issuing statements and counter-statements.
Where is the victim hood? Rahul had an opportunity to apologise before the Court but he refused to do so. Later in a press conference he said, “Main jo kuchh bhi bolta hun soch samajh ke bolta hun” (Whatever I speak, I do after a lot of deliberation). Thus, he has accepted that his remark “why do all thieves have the name Modi” was not an off the cuff remark but a deliberate well thought one. Which simply means that he intended to insult deliberately the entire Modi community. He was given a chance to appeal but he chose to not to do so. He is a habitual offender and had been advised by the Supreme Court earlier to be careful in his utterances. He chose to ignore the reprimand of the highest court. He is on bail in the National Herald case and is being tried in seven cases in different courts. When afforded an opportunity by the Surat Court to apologise since the evidence produced by the appellant proved his guilt, he refused to do so. Thus, on what basis is he claiming to be a victim instead of a convict?
He even today has no control over his utterances and regularly insults Veer Savarkar, a renowned freedom fighter. He very arrogantly says, “I am a Gandhi and not Savarkar, and Gandhis do not apologise.” The statement smacks of belonging to a dynasty that is above law. Possibly, he conveniently forgets the numerous apologies tendered by his ancestors, that in any case is now part of history. But what is of relevance is the unconditional apology he had tendered to the Supreme Court not very long ago for lying that the Court had said, “Chowkidar Chor hai”. In order to justify his remark against the Prime Minister he had lied to say that SC order in the Rafale case validated his charges against PM Modi. Rahul was hauled by the Supreme Court and asked for an explanation. He tried to get away by filing an affidavit and expressing regret over his remarks. The Court didn’t accept it and issued a contempt notice to Rahul. He thereafter submitted another affidavit tendering an unconditional apology. In 2014, he had accused the RSS being responsible for assassination of Gandhi ji. A defamation case was filed against him in the Supreme Court. Later Rahul recanted and submitted to the Court through his counsel that he never accused the RSS as (an) institution. It clearly proves that Rahul apart from being arrogant doesn’t hesitate to make false statements and later recant.
Not surprisingly one senior Congress leader amid the disqualification row has suggested that “Rahul Gandhi’s family should be treated differently by law.” He went to the extent of saying that Rahul Gandhi and his family’s background should be taken into account while sentencing. India is not a monarchy but a proud democracy. He belongs to the same party which is crying hoarse that ‘the Indian democracy is in danger’ and wants different treatment for the Gandhi-Vadra family. Why so much of a noise over disqualification of one MP? Before him 15 legislators belonging to different parties have been disqualified after being convicted consequent to the Supreme Court judgement dated 10 July 2013. Prior to this judgement convicted members could hold on to their seats till they exhausted all judicial remedy lower, state and supreme court of India. There were no mass protests or joint opposition processions and petitions then. Not only this, prior to 2014 Congress has been guilty of dismissing duly elected governments 93 times using Article 356. The ‘Victim Card’ strategy is not going to help Rahul Gandhi or Congress. The masses now are well informed. The arrogance of being different with a sense of special entitlement will make him the nation’s bete noire. None is Above Law.
In 2013, when PM Manmohan Singh was on a foreign tour, back home the Vice-President of his party in a show of superiority tore away an ordinance in full public view. The Manmohan-led government had drafted the ordinance to nullify a Supreme Court judgement of 2013 to shield convicted legislators from immediate disqualification from the House. Had Rahul Gandhi not exceeded his mandate then and trashed the ordinance, he would have been saved today from the ignominy of being disqualified as an MP consequent to his conviction by the Surat Court. The then rush of blood arising out of the sense of being special and different has come to haunt him now after a decade. Having known of what he did then, he should have apologised before the Court after being found guilty. But his arrogance and a false sense of special entitlement prevented him from doing that. The Karma has stuck him back. Karma Spares None.
The quote from Stri Parva of Mahabharat (chapter 2, Verse 32) is quite apt in the context. It says, “The Karma of previous deeds sleeps along with he sleeps, sits along with he who is awake, runs along with he who runs.”
(The author is a Jammu-based veteran, political commentator, and security and strategic analyst.)
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