However, this is not the first time that a person has been sent to jail in a case of breach of privilege of Parliament. In which the Parliament has pronounced the sentence. But this is the first and so far the last case of a former Prime Minister and sitting MP being sent to jail in such a case. In 1967, two people were jailed for throwing pamphlets from the visitor’s gallery of the Rajya Sabha. In 1983, a man was jailed for sloganeering and throwing slippers from the visitors gallery of Rajya Sabha.
Indira accused of misuse of position in Maruti case
There were mass arrests, censorship and allegations of abuse of power during the Emergency. When the Janata Party came to power in 1977, its main objective was to punish the culprits of the Emergency. Indira Gandhi’s name was at the top in this list. There were many allegations against him/her. One of these allegations was of misusing his/her position to save his/her son Sanjay Gandhi’s Maruti Limited project.
In 1975, Indira Gandhi reportedly pressured government officials to keep the installation of machinery imported from abroad a secret. This was a violation of the license to make indigenous small cars. Janata Party tried to prosecute Indira Gandhi on the basis of this issue. By the end of 1978 the campaign against Gandhi had reached its peak.
Lok Sabha passes proposal to expel Indira Gandhi from Parliament and jail her
On December 19, 1978, the Lok Sabha passed a resolution expelling him/her from Parliament and sentencing him/her to seven days in jail. 279 MPs voted in favor of the motion, 138 against and 37 abstained. Prime Minister Morarji Desai defended the proposal, saying, ‘Nobody, no matter how high, is above the law.’
The then PM Desai had said – no one is above the law
The Times of India reported on December 20 that the Desai government immediately denied allegations that the Privileges Committee’s findings were politically motivated. Desai argued, ‘The committee included members from all political parties and reflected the composition of the House.’ he/she said Gandhi was given several opportunities to defend himself, but he/she had refused to cooperate. However, Congress(I) leaders were not convinced. he/she raised questions on the fairness of the process in the Lok Sabha and accused the government of using its majority to settle scores.
Congress raised questions on the fairness of the entire process
Senior Congress (I) leader C.M. ‘Mrs Gandhi has now been exiled, but she will come roaring back,’ Stephen told the House. History will bear witness to this. PM Desai then said in the Lok Sabha, ‘he/she behaved as if he/she could not be treated by the same standards by which others are judged.’
Indira Gandhi was looking calm in the House, protests started outside across the country.
The hours following the historic vote were filled with contradictions. Inside Parliament, Indira Gandhi looked calm. She was talking to party colleagues and even inviting journalists from the press gallery to join her. When asked by a journalist if he/she was ready to go to jail, he/she replied, ‘I am ready.’ I have packed my luggage. his/her family brought him/her drinks in a thermos and some extra clothes, as they were aware that he/she might have to go to jail.
On one hand, after the historic voting, Indira was sitting in the House as if nothing had happened, while on the other hand, protests started outside the country. his/her supporters called this decision an act of political revenge. When Indira Gandhi left Parliament that night, she showed neither bitterness nor remorse. She came out through the same door she once used as Prime Minister. Now CBI officers were taking him/her to Tihar Jail. In his/her statement to the press he/she accepted the decision and pledged to make a political comeback.
Ward number 17 of Tihar Jail became Indira’s hideout
Gandhi was placed in ward number 17 in Tihar. It was equipped with amenities befitting a former prime minister, including a room heater, a television and an attached bathroom. That evening his/her daughter-in-law Sonia Gandhi visited him/her and brought him/her food, several books and warm clothes. The books include Rabindranath Tagore’s ‘Lipika’, ‘Bhagavad Gita’ (translated by Dr. S. Radhakrishnan), Daniel Bell’s ‘Cultural Contradictions of Capitalism’ and T.N. Kaul’s ‘Diplomacy in Peace and War’.
Violent protests across the country, 16 deaths
When Indira Gandhi went to jail, her supporters across the country became angry. Congress(I) organized massive protests. It resulted in more than 120,000 arrests and at least 16 deaths in clashes with authorities. Violent clashes broke out in several states like Karnataka, Maharashtra, Kerala and West Bengal, resulting in at least 16 deaths. Despite this chaos, Gandhi remained calm. he/she urged his/her followers to avoid sloganeering or violence.
There was opposition to the decision within the Janata Party itself.
Gradually differences started emerging within the Janata Party regarding sending Indira Gandhi to jail. The party publicly celebrated the move as a victory for parliamentary democracy, but discontent was brewing within. Senior leaders like Chandrashekhar had reservations about the harshness of the punishment. he/she and some other leaders questioned whether there was no other option but to expel and imprison Gandhi. They feared it might backfire politically.
According to a Times of India report, a senior leader had reportedly warned, ‘By sending him/her to jail, we are running the risk of making him/her a martyr. his/her supporters will only grow stronger, and the story of oppression will overshadow the principles of justice.’
For leaders like Chandrashekhar, the expulsion seemed less about justice and more about political vengeance. he/she felt that this would give public sympathy to Indira Gandhi.
Sonia brought home food for jailed Indira Gandhi
On her first day in Tihar Jail, Indira Gandhi was kept in the same ward where George Fernandes was kept during the trial of the Baroda dynamite case. The ward could accommodate 18 cots and was designed to suit his/her stature as a former prime minister. he/she spent his/her days reading and meeting visitors, including Sonia Gandhi, who would bring him/her food from home.
The scene outside the iron gates of Tihar Jail was very turbulent. Small but vocal groups of Gandhi’s supporters gathered near the complex. They were continuously raising slogans. At around 4 pm, CRPF stepped in to disperse the crowd. There was silence at Indira Gandhi’s residence, 1 Safdarjung Road, in New Delhi. The house which was once the center of major political activities, now lay deserted.
Indira Gandhi’s seven-day jail sentence in December 1978 was linked to the parliamentary session during which her expulsion from the Lok Sabha was passed. Charged with breach of privilege and contempt of Parliament for abusing his/her position as Prime Minister, the motion said his/her sentence would run for the duration of the session. In this way, Indira Gandhi’s sentence began on 19 December and was to continue till the end of the session on 26 December. his/her imprisonment was a parliamentary action, not judicial, reflecting the legislature’s authority to discipline its members.
A crowd of Indira’s supporters had gathered outside Tihar on the day of her release.
Indira was about to complete 7 days in Tihar Jail amid protests across the country. Indira Gandhi’s sentence was being completed on 26 December. By late afternoon thousands of his/her supporters gathered outside Tihar Jail. Skyscraping slogans of ‘Indira Gandhi Zindabad’ were being raised. At 7:10 pm the door opens and Gandhi comes out calm and collected. The enthusiasm of the crowd reached its peak. The stadium erupted in cheers, and flower petals rained down as the supporters marched forward. Drums started playing and many people started dancing spontaneously.
Sonia, Maneka, Rahul and Priyanka were present outside to welcome Indira.
All the senior leaders of Congress (I) were present outside Tihar Jail to welcome Indira Gandhi. These included Kamlapati Tripathi, CM Stephen and INTUC leader AP Sharma. his/her two daughters-in-law – Sonia Gandhi and Maneka Gandhi; Grandchildren Rahul and Priyanka were also present there.
The streets turned into a procession
As Gandhi’s car left Tihar Jail for his/her official residence, the streets turned into a procession. Stopping the convoy at various places, supporters were welcoming their leader and garlanding him/her. The vehicles were moving crawling on the road.
Indira did not show bitterness but filled her supporters with enthusiasm.
The Times of India wrote in its report that day that where there was silence a week ago, there is now an atmosphere of celebration. As soon as Indira Gandhi walked through the door of her house, she reportedly showed no bitterness. he/she addressed his/her colleagues with calm determination, stressing the need to connect with the public and rebuild trust. In his/her public remarks Gandhi avoided explicit criticism of his/her imprisonment, although he/she said the allegations were baseless and politically motivated. Indira Gandhi thundered – ‘This is not the end. There is a long road ahead of us, and we must travel it together.
Picture completely changed in 2 years, Indira made a tremendous comeback
On the other hand, Prime Minister Morarji Desai reiterated that action was necessary to maintain the rule of law. The events of December 1978 were a difficult period for Indira Gandhi but also a turning point. his/her expulsion from Parliament, although a disgrace, inspired his/her supporters and fueled his/her resolve to make a political comeback.
Over the next two years, Indira Gandhi took advantage of the growing disarray within the Janata Party to tighten her grip on the Congress (I). By 1980 he/she had turned the tables. Made a spectacular comeback as Prime Minister by winning a decisive election mandate.
