Earlier, a bench comprising Chief Justice T J Thakur and Justice S Banumathi had assured senior advocate Kapial Sibal, representing the Gandhi family, saying they may look into it for giving an pressing listening to. Court said, if the trial court ever needs their appearance it can well seek a “personal appearance” on Sonia and Rahul.
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The Supreme Court expunged all observations by the Delhi High Court in connection with the case.
A magistrate court had fixed 20th February for their appearance in the court. We are of the view it was not for the High Court to record its final conclusion. We were present at the very first hearing before the trial court. Instead, it permitted the Gandhis to object to all his charges and his locus to bring the charges at the stage of framing of charges.
The appeal had 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? At least somebody should say I have been cheated” then the complaint will hold ground.
The Congress leaders had moved the Supreme Court for getting the criminal prosecution quashed but the bench declined to grant this prayer.
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The High Court had not only refused their request to stay the summons of the trial court but also went on to brand the case as “one of its kind where the probity of the legendary Congress party is under scanner”. The National Herald newspaper, founded by Jawaharlal Nehru, was closely associated with India’s freedom struggle and the Indian National Congress until 2008.
