Independent MP and former Union law minister Kapil Sibal on Saturday accused the BJP of perpetrating "unconstitutional activities" such as the merger of seven AAP MPs into it even without the merger of two-thirds of the party.
He also asked if the prime minister of the country lacks the courage to counter the president of the United States for calling India a "hellhole," how can the Rajya Sabha chairman muster the courage to decide on a petition on the disqualification of these MPs.
In a surprise move on Friday, seven Rajya Sabha MPs of the Aam Aadmi Party (AAP), including six from Punjab, defected to the BJP. These included Raghav Chadha, Sandeep Pathak, Ashok Mittal, Harbhajan Singh, Rajinder Gupta, Swati Maliwal and Vikramjit Sahney.
Addressing a press conference here, Sibal claimed that the merger of AAP MPs into the BJP is unconstitutional, as the law permits it only if the party is merged first.
Kapil Sibal's PC on the unconstitutional merger of 7 Rajya Sabha members of AAP YouTube/ Dil se with Kapil Sibal
Anyone cannot simply merge on their own, Sibal said, the Constitution says that first the political party must take a decision at the organisational level, pass a resolution deciding that as a political party they want to merge with the BJP, and only then can it be done.
The party merges first and then the MPs, the opposite cannot happen, he said, adding that it is against Schedule 10 of the Constitution.
On disqualification of the AAP MPs, the former Union minister said, "What courage will the Rajya Sabha chairman have in deciding a disqualification petition if the prime minister does not have the courage to even respond to President Trump? You keep quiet." "The way you (the prime minister) surrender (before Trump) is the way AAP members surrendered to you. It is the same. We have surrendered to all the machinations of the government that are unconstitutional. Because we do not dare to stand up and say this is wrong. At no level do we have that courage," he told reporters.
Sibal claimed that petitions lie for years in courts without being decided, terming it a sad state of affairs.
Taking on the prime minister for his silence on Trump using derogatory words for India, he said, "If somebody outside can dare to say to this country that this is a hellhole and the prime minister of India doesn't respond, can you imagine? We are a country of 140 crore people, and the 'Vishwaguru' cannot respond".
He said the prime minister does not have that kind of courage.
Sibal said, "When the history of this country will be written, these will be the darkest days. I hope that at the end of the tunnel, we will see some light." Criticising the BJP over its politics, he said, "The BJP's entire politics is at a juncture where it has, since 2014, perpetrated unconstitutional activities that have never happened in the history of India." He pointed out that the BJP has made elected governments fall as seen in Maharashtra.
"This has nothing to do with the law, but only politics. The problem in this country is that political parties indulge in unconstitutional activities, speakers indulge in unconstitutional work, and courts do not decide for years. And, we are accused of giving statements," Sibal noted.
He said when businessmen become Members of Parliament, such things will happen as they have to run their business.
"Do business and enter Parliament. When you do business, the ED (enforcement directorate) will reach, and when the ED reaches, then parties will be switched. This is called political conspiracy," he said, adding that such things have never happened in Indian politics before.
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