Arresting the Gandhis risks reviving the dormant Congress, much like Indira Gandhi’s arrest under Janata Party, which led to its resurgence

Like the proverbial Betaal, the National Herald case is set to hound the Congress, as a Delhi court has deferred its decision on taking cognisance of the Enforcement Directorate chargesheet in the matter till December 16, and the party has coined a new term, “National Harassment Case”, to allege political vendetta against its top leadership.

Without going into the merit of the case, the fact remains that it has been hanging over the principal opposition party like the sword of Damocles for over 13 years since the then BJP MP Dr Subramanian Swamy filed a complaint. Initially, it was not taken seriously and was passed off as yet another act of Swamy grinding his axe in the political arena, as has been his wont. Not long ago, he had joined hands with Sonia Gandhi to topple the Atal Bihari Vajpayee government in 1998. Every time it appeared he was fading out of public memory, he would come up with some serious allegations or some unverified documents to remain in the news.

The National Herald case was taken as yet another of Swamy’s political pranks to remain in the limelight. For the next two years, none heard anything about it until a Delhi court issued summons to Sonia Gandhi, Rahul Gandhi, and others in 2014, and all of them were granted routine bail in December 2015. In the meantime, the BJP government had come to power at the centre, and the BJP got a stick to beat the Gandhis, lampooning them for being out on bail. The ED began its investigation in 2016, questioned Sonia Gandhi and Rahul Gandhi in 2022, and it took another three years before the chargesheet was finally filed in April 2025, after almost nine years of probes, under the Prevention of Money Laundering Act.

Whether the court rejects it, as Congress wants, or takes cognisance of the chargesheet lying before it for eight months is yet to be seen. If the court gives its nod, as the government wants, the question remains when the hearing will start and how many years it might take before judgement is pronounced. And mind you, the verdict, if it comes while the BJP remains in power, is bound to be challenged in the High Court and then the Supreme Court. It could well take another decade before the case reaches its logical conclusion. Out of the six individuals, besides two companies, named in the chargesheet, Motilal Vora and Oscar Fernandes have already died. Sonia Gandhi is 78, and Sam Pitroda is 83. Suman Dubey’s exact age is not known, but since he was a classmate and close friend of Rajiv Gandhi, if he were alive, he would have been 81; it can be assumed that Suman Dubey could also be in his early 80s. It is difficult to predict how many of those named would still be alive if the case lingers on for another decade.

There is an old legal maxim that justice delayed is justice denied, which has existed in different words since ancient times. This is a typical example of justice being delayed. If the Gandhis’ guilt is proven, they should be sent to jail, or else they should not be subjected to this prolonged torture.

However, India has a dubious record of imprisoning politicians accused of corruption. There are rare instances of Sukh Ram, J Jayalalithaa, Lalu Prasad Yadav, Om Prakash Chautala, and a few more who were actually convicted by courts. Among them, Jayalalithaa was later acquitted by the High Court, and Lalu Prasad Yadav has spent more time at home than in prison. The Modi government might want to prolong the National Herald case for political benefits and prop it up before key elections, but it cannot be blamed for the poor rate of conviction of corrupt politicians and their families. There has always existed an unwritten rule that while in the opposition, one can level serious corruption charges against those in power, and after coming to power, they hardly pursue these cases. Because being in politics and not being involved in any corrupt exercise is almost unthinkable. As a result, under this rule of thumb of politics, they may keep the pot simmering but rarely touch their opponents and their family members. When asked, they simply brush it off by saying that the law will take its course.

Or else, what can explain no action against Sonia Gandhi’s son-in-law, Robert Vadra, who is accused of amassing wealth through questionable land deals during the Congress government? If the intent to punish him was there, 11 years of BJP rule at the centre and in Haryana were enough to frame a watertight case against him and request the court for a speedy trial. Sonia Gandhi, Rahul Gandhi, and Robert Vadra, roaming free as accused and out on bail, are politically advantageous for the ruling powers. Arresting them risks reviving the dormant Congress, much like Indira Gandhi’s arrest under the Janata Party, which led to its resurgence. The Modi government will avoid such risk, ensuring the National Herald case continues making headlines until either Congress regains power or the case is withdrawn.