Vajpayee felt poll plea against Indira be 'withdrawn'

After India's victory over Pakistan and the subsequent birth of Bangladesh in 1971, a new book claims that people like A B Vajpayee felt that Raj Narain should withdrawn his election petition against the then Prime Minister Indira Gandhi.

The memoir – Saving India from Indira: Untold Story of the Emergency – by one of Narain's lawyers J P Goyal, who also shared Vajpayee's views on going ahead with the petition, does not claim that Emergency would not have been imposed if this course was taken.

Published recently, the book edited by late Goyal's economist-daughter Rama Goyal, who found the draft after his death in 2013, provides his version of the developments leading to the Emergency as well as his difference of opinion with senior lawyer Shanti Bhushan, who later became Law Minister, over fighting the case during Emergency as he felt that it was useless to do so when Article 14 was suspended.

Goyal, who became a Rajya Sabha MP, also claims that Narain, Jayaprakash Narain and some others were also of his view but Bhushan did not listen to them and eventually, they lost the case.

According to Goyal, who was Narain's lawyer since early 1960s, Narain had filed the election petition against Indira in Allahabad High Court where he initially managed to get the Prime Minister to answer certain questions on oath by way of affidavits. However, later Justice W Broome reversed himself his decision in 1971 and there was a thought in Narain's camp to file a Special Leave Petition in Supreme Court.

While Bhushan felt that there was no point in going ahead with an appeal, Narain thought otherwise and asked Goyal to prepare the petitions and handed over documents in November 1971 but on 3 December 1971, Pakistan attacked Indian Air Force stations on and dragged India into a war.

"After Bangladesh was formed as a result of this war with Pakistan, I suggested to Raj Narain that as something has been achieved by the formation of Bangladesh and bifurcation of Pakistan, it would be in the fitness of things to withdraw the election petition against Indira Gandhi," Goyal wrote.

"Raj Narain told me that Atal Bihar Vajpayee was also of the same view and that he would consult his colleagues and let me know," he wrote in the book, whose foreword was written by former Finance Minister Arun Jaitley.

However, Goyal claimed, a month later Narain told him that Indira indulged in malpractices to get Justice Broome reverse his order and this prompted them to file the appeal, which finally led to Indira losing it.

The memoirs also seek to provide an account of differences between Bhushan, who led the lawyers' team for Narain, and Goyal on the strategy to be adopted. The case had gone through several layers and the 12 June 1975 Allahabad High Court order against Indira and Supreme Court's refusal to give a full stay had led to the imposition of Emergency.

According to Goyal, he and several others were of the view that they should not argue the appeal in Supreme Court during Emergency as Article 14 was suspended and they would not get any benefit. However, he claimed, Bhushan did not heed to their advice even though leaders like Narain and others were in support of Goyal's view.