Whether or not the National Herald case, in which summons for personal appearance have been issued by a trial court in New Delhi to Congress party president Sonia Gandhi and vice-president Rahul Gandhi, is a case of criminal breach of trust, as the complainant Subramaniam Swamy has alleged, is a matter for the courts to decide. However, the fact remains that the development has come at a singularly inopportune moment. With the battle lines being drawn between the Congress and the BJP, the peace brokered between the ruling party and the principal opposition party by Prime Minister Narendra Modi seems to have shattered. Hopes of vital legislation such as the Goods and Services Tax Bill or the new bankruptcy code becoming law in this session of Parliament have unfortunately receded. Once again, the core business of Parliament — legislation — has been stalled by issues that rightly, ought to be settled outside it. But this is hardly surprising. Our politicians, regardless of party affiliation, have consistently put personal political survival above larger national interests, and our elected representatives have seldom shown the ability to differentiate between constructive opposition and blind political belligerence.
The issue, as outlined in the complaint, and reaffirmed by the Delhi High Court, which quashed the plea seeking exemption from personal appearance, is certainly grave. Associated Journals, a company founded by Jawaharlal Nehru, which used to publish Congress mouthpieces like National Herald and Qaumi Awaz , ceased operations in 2008, after which it was loaned about ₹90 crore by the Congress party. Subsequently, in 2010, Young Indian, a Section 25 (not-for-profit) company of which 76 per cent is owned by Sonia and Rahul Gandhi, acquired Associated Journals for ₹50 lakh. The deal included the company’s outstanding debt, but also netted Young Indian property owned by Associated Journals, which is estimated to have a street value of between ₹1,600 crore and ₹2,000 crore. Subsequently, the Congress party appears to have written off Associated Journals’ debt. Since the principal parties involved in the transaction from both sides happen to be the same set of individuals, there is undoubtedly a question mark over the propriety of party funds being used to fund what is essentially a private transaction. The case has inevitably acquired political overtones, given that Swamy is now a senior BJP leader (he moved the petition as head of the Janata Party) and the case involves the Congress’s top leadership.
But this is a battle that needs to be settled in the courts, not in Parliament. Only the judiciary can decide whether the Gandhis are guilty or not of breaching the law. The Congress has many legitimate, even justified, differences on the GST Bill, which it can make a case for and attempt to win support. Stalling legislative business to fight proxy political battles only hurts the national interest.