Grandma to Rahul, it runs in the cell - Leader mulls choosing jail over bail; TMC torments Left with support to Congress

Sanjay K. Jha, TT, New Delhi, Dec. 9: If Sonia Gandhi has declared "I am the daughter-in-law of Indira Gandhi and I am not afraid of anything", Rahul Gandhi appears to be readying to prove that he is the daughter-in-law's son and the mother-in-law's grandson.

Rahul seems to have made up his mind not to seek bail and to ask the magistrate to send him to jail during the hearing in the National Herald case on December 19, Congress sources said today.

The sources said Rahul was convinced that the Narendra Modi government "plotted" the legal trouble for his mother and himself and there was no point in refraining from giving a political response. Political strategists have advised Rahul not to seek bail when he appears in court on December 19.

Sonia and the other accused - Motilal Vora, Oscar Fernandes, Sam Pitroda and officials of Young Indian, the company in control of the Herald's assets - is expected to apply for bail but Rahul is likely to say it is a witch-hunt and refuse to take bail, the sources said.

"This is what the plan is till now," a Congress source said, adding that Rahul fully endorsed the strategy.

The offences Sonia and Rahul have been accused of carry a maximum punishment of seven years in jail. So far, the court has issued only a summons.

At the hearing, if the court concludes that arrest is warranted, a detention order can be issued but it is a rare occurrence. Even if arrest is ordered, the accused will be given the option to seek bail. Rahul's no-bail strategy is expected to come into play only if the situation reaches such a stage.

The Congress is hoping to perk up its ranks through the aggressive strategy that pitches Rahul into the heat and dust of the frontline. The party feels that the legal issues in the Herald case are complex and it will be able to convince the masses that Sonia and Rahul have taken control of a newspaper founded by Jawaharlal Nehru and always run by the Congress leadership.

After Indira Gandhi was defeated in 1977, the Janata government had committed a tactical blunder by getting her arrested. Indira refused to apply for bail and she was sent to a detention centre, which marked a turning point that culminated in her comeback.

This time, the BJP has already reminded the Congress that the "Sonia Gandhi of 2015 is not the Indira Gandhi of 1977".

Today, as the Congress members kicked up a furore in both Houses again by shouting slogans against "dictatorship", Rahul told reporters outside: "One hundred per cent political vendetta. Pure political vendetta coming out of the PM's office. It is their way of doing politics...."

Rahul added: "I have full faith in judiciary. We will see at the end what comes out. Truth will come out."

Asked about parliamentary affairs minister Venkaiah Naidu's allegation that the Congress was threatening the judiciary, Rahul replied: "We all know who is threatening the judiciary."

A special meeting of party members from both the Lok Sabha and the Rajya Sabha was called this evening where lawyers Kapil Sibal and Abhishek Singhvi explained the history and legal details of the case, seeking to convince the MPs that the leadership was a victim of witch-hunt.

Sibal and Singhvi claimed that the Herald case was "Subramanian Swamy's dramabazi" and no criminality was involved. They said the decision to float a Section 25 (not-for-profit) company showed the noble intentions of the leadership as no money can ever be taken away by anybody and the assets of the National Herald continued to be owned by Associated Journals.

The Congress had earlier in the day publicly alleged that the government changed the Enforcement Directorate (ED) director who closed the Herald case in August and brought another officer with a clear diktat to reopen the case.

Congress leader Ghulam Nabi Azad said: "In August last, we went to the ED and the director concerned told us there was no merit in the allegations and he was closing the case. But within 15 days, the director was changed and the new officer was brought with a clear instruction of reopening the case. We have no grudge, no complaints against the judiciary but we have a problem with the government's attitude. The government has unleashed central agencies against the opposition leaders."

Azad added: "There are two laws in this regime: one for Opposition leaders and another for BJP leaders. Nothing happens to the Chhattisgarh chief minister in the rice scam, the Madhya Pradesh chief minister in Vyapam and the Rajasthan chief minister in Lalit-gate. There is money-laundering in Lalit-gate but the ED doesn't move against the Rajasthan chief minister.... This proves our charge of vendetta."

Ahmed Patel said: "Stop the witch-hunt being done through Swamy and the House will run."

In the rising temperature, the GST bill has been kept in the cold storage. Little work should be expected in the remaining part of the session unless something dramatic happens.

Correction: On Wednesday, The Telegraph had erroneously reported that Section 25 was part of the Income Tax Act. The relevant Section 25 belongs to the Companies Act. We apologise for the mistake.