After several flip-flops done by senior functionaries, the Congress appeared defensive on the issue. But Sonia’s reply, denying that she had violated the code of conduct, reiterated her original statement. The Congress has refused to make the reply public but The Indian Express has learnt that Sonia is far from defensive in her reply.

Citing several issues she raised in her campaign speeches — price rise, tribals, implementation of Central schemes, and “particularly law and order and the climate of fear” in the state — Sonia went on to state: “I emphasised the sad truth is that those who run, operate and administer Gujarat today do so with lies, deceit and as merchants of fear and death.”

While in the reply to EC, Sonia maintained the refrain that “nobody has been named,” she refused to specifically exclude Modi.

She argued that her speech does not violate the code of conduct and cited the Supreme Court judgment in the Zaheera Sheikh case to substantiate her talk about “climate of fear and insecurity.” She said her remarks were therefore “fully consistent with the letter and spirit of the constitutionally enshrined fundamental right of free speech and expression,” and requested the EC to withdraw the notice.

Congress spokesperson Abhishek Manu Singhvi, who drafted the reply, refused to comment but said the party never excluded Modi from the ambit of the remark. “From Day One, the party’s stand has been the same. There is no change, no amendment. In fact what the Congress president said is on camera. Specific exclusion of one person is bad. Naming only one person is also bad,” Singhvi said.

Singhvi and Union Minister Kapil Sibal contradicted each other over the issue. On December 3, Sonia made the merchant-of- death remark in Navsari in Gujarat. On December 7, after Modi referred to that line to justify his Sohrabuddin speech, Sibal said Sonia’s target was not Modi and she was talking about “certain state functionaries.” At a press conference the next day, Singhvi said the remarks were “too mild a description for Modi.” Within hours of the AICC briefing, Sibal clarified that he had “never said the remarks were meant or not meant for Modi.” On December 10, Singhvi said “nobody was named in her speech,” and the reply to the EC was filed the next day.

AICC media department chairman M Veerappa Moily submitted a report to Sonia explaining the circumstances around the apparent flip-flop. Moily said in his report that Sibal’s brief was only to comment on the Gujarat government’s claims on development.