Congress chief Sonia Gandhi and vice-president Rahul Gandhi on Thursday approached the Supreme Court in connection with the National Herald Case.
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Along with Sonia and Rahul, five other accused -Suman Dubey, Moti Lal Vora, Oscar Fernandes, Sam Pitroda and Young India Ltd – had challenged the summons issued to them by a trial court on a complaint by Bharatiya Janata Party leader Subramanian Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.
The appeal raised 17 substantial questions of law for the consideration of the apex court most important of it being “whether the HC has failed to examine the questions of fact and law arising in the Petition which has resulted in manifest injustice?”
The Congress has already dubbed the whole case as “vendetta politics”.
The High Court had in December 2015 said the gravity of the allegations had a “fraudulent flavour” involving a national political party. Justice Sunil Gaur of the High Court made scathing remarks on the “questionable conduct” in the acquisition of the publication and said criminal proceedings could not be thwarted. The courts have determined that a prima facie case has been established in the matter. It originally served as a mouthpiece of the Congress. Over the decades circulation and finances dropped, before it finally closed in 2008 with a debt of Rs 90 crore.
Who – Dr Swamy alleged that Sonia Gandhi and Rahul Gandhi had floated a Section 25 company called “Young Indian”, which acquired Associated Journals, founded by late Jawaharlal Nehru, that published the National Herald and Quami Awaz. As a result of which Gandhis had to appear in the Patiala House court in person.
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Senior advocate Kapil Sibal, appearing for Sonia, argued that the cash loan to AJL by Congress was money that was donated to the party, and it was free to use the funds as it pleased.
