Court allows Swamy’s plea to summon documents

Court allows Swamy's plea to summon documents
Court allows Swamy’s plea to summon documents

A Delhi court today allowed the plea of BJP leader Subramanian Swamy seeking summoning of documents from the Ministries of Finance, Urban Development and Corporate Affairs, Income Tax Department and other agencies in the National Herald case.

Metropolitan Magistrate Lovleen asked Mr. Swamy to file the process fee for sending summons to these departments, including Delhi Development Authority and the Registrar of Companies. During the brief hearing, Mr. Swamy told the court he needed these documents, which are in the custody of these Ministries, for advancing arguments in the case. “They (these ministries and agencies) have the documents. I do not know what all documents they have. These documents can be summoned,” Mr. Swamy told the court.

“You file the PF (process fee). Your application is allowed,” the judge said. The court had on December 19, 2015, granted bail to Congress President Sonia Gandhi and her son Rahul Gandhi and three others — Motilal Vora, Oscar Fernandes and Suman Dubey — who had appeared before in pursuance to the summons issued earlier.

Sam Pitroda, another accused, was granted exemption from personal appearance for that day only on medical grounds.

The case is based on a private criminal complaint lodged by Mr. Swamy against them of cheating, conspiracy and criminal breach of trust.

( Source – PTI )

National Herald case: Swamy files caveat in SC

National Herald case: Swamy files caveat in SC
National Herald case: Swamy files caveat in SC

BJP leader Subramanian Swamy today filed a caveat in the Supreme Court to pre-empt any ex-parte order on appeals likely to be filed by Congress chief Sonia Gandhi and her son Rahul in the National Herald case.

“I have filed a caveat in the Supreme Court that in case they file any petition, it should not be heard and no order be passed without giving me an opportunity or without hearing me,” he said.

Sonia and Rahul’s pleas challenging summons issued to them in the case was dismissed by the Delhi High Court which also declined their plea for exemption from personal appearance in the lower court.

The Gandhis and the other five accused–Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd– are likely to appear in the trial court tomorrow, before which the case will come up.

The summons were issued on a criminal complaint lodged by Swamy for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald.

The Congress party had loaned Rs 90.25 crore to Associated Journals Ltd. (AJL), publisher of National Herald, and on December 28, 2010 it had assigned this debt to Young Indian Ltd (YIL), the charitable company, for Rs 50 lakh, which, according to Swamy, amounted to breach of trust and cheating.

 ( Source – PTI )

National Herald case: Sonia, Rahul move high court

National Herald case: Sonia, Rahul move high court
National Herald case: Sonia, Rahul move high court

Congress President Sonia Gandhi and her son Rahul Gandhi have moved the Delhi High Court objecting to a “different treatment” being accorded to a challenge filed by them in the national herald case.

In an application filed in the High Court, the Gandhis have said that their petition challenging a trial court order in the case had been part heard by Justice S Gaur and has now been placed before another judge Justice P S Teji in violation of the procedures and practise being followed by the court. The application filed before the bench headed by the Chief Justice said that their challenge petition ought to have been listed before the bench of Justice Gaur before whom the matter was pending for over eight months and was heard by him at length on several occasions.

“Even as per the established procedures and practise of this honourable court, the registry ought to have placed this matter before the very same judge where the matter was part heard especially when the same has been clarified and appended to the roaster modification notice itself,” the application contended.

The application further said in the light of the above facts and circumstances the court may look into the matter and pass orders for listing of the matter before an appropriate bench in accordance with the established practise and procedures of the court. “It is however clarified that the petitioner has no difficulty whatsoever in the matter being placed before any appropriate bench in accordance with law,” the application said.
The matter will come up for hearing on October 15.

 

( Source – PTI )

Herald case; Sonia, Rahul get relief from High Court

sonia-rahulIn a relief to Congress president and vice president Sonia and Rahul Gandhi, the Delhi High Court stayed their summons in the National Herald case till August 13.

This essentially means that both the Congress leaders will not have to appear in a Delhi Court tomorrow.

Now their appeal will be heard by Delhi HC.

Sonia Gandhi had yesterday opposed in the Delhi High Court the private criminal complaint against her and the summons issued by a trial court in the case saying a political party is within its right to “write-off” or “assign” a loan.

“The issuance of process in this case is shocking and out of order, to say the least, and no illegality can be found either on the facts or on the law,” former Law Minister and senior advocate Kapil Sibal, appearing for the Congress president, had told a bench of Justice VK Vaish, as per PTI reports.

The trial court had issued summons to various Congress leaders on the complaint of BJP leader Subramanian Swamy who has alleged cheating and misappropriation of funds in acquiring ownership of the now-defunct daily National Herald by Young Indian (YI).

Sonia, Rahul, party treasurer Moti Lal Vora are among the directors of YI, who have been summoned.

Seeking setting aside of Swamy’s complaint, Gandhi had said the Associated Journals Limited (AJL), which had been publishing newspapers ‘National Herald’ in English, “Navjivan” in Hindi and “Quami Awaz” in Urdu, had taken loans to the tune of Rs 90 crores from the Congress Party.

The loan, given to AJL, was assigned to YI by the Congress party and then a process of conversion of Rs 90 crores loan was taken by AJL which then issued fresh equities in favour of charitable firm YI.

Congress party for a monetary consideration of Rs 50 lakhs had decided to assign Rs 90 crores loan to YI, she maintained.

Citing various law and verdicts, Sibal had said that these are valid transactions and no illegality can be found.

“The Congress Party was well within its right to give the loan to AJL in view of the objects of AJL which included dissemination of the views of policy and principles of INC,” he had said, adding, “The INC was equally within its right to write-off the loan/assign the loan to YI and there was no breach or illegality. There is no illegality in extending support to a Section 25 company (charitable firm YI) by the INC.”

The trial court on June 26 had summoned Sonia, Rahul, Vora, party general secretary Oscar Fernandes, Suman Dubey and Sam Pitroda to appear before it on August 7.

Referring to trial court’s order in the case, Sibal had said that the basic ingredients of the offences have not been met.

“There may be allegations in the complaint but there was no evidence to support them,” he had argued.

Dealing with the offence of dishonest misappropriation of property, he had maintained that the basic ingredients of the offence are that the property should belong to a person other than the accused and “the accused should wrongly appropriate or convert such property to his own use”.

Meanwhile, referring to the offence of criminal breach of trust, the lawyer had said that a person should have been entrusted with property, or entrusted with dominion of property and “the person should dishonestly misappropriate or convert to his own use that property or dishonestly use or dispose of that property or wilfully suffer any other person to do so.”

“Sadly, this is also not backed by documentary evidence,” he told the court, adding that the basic elements of breach of trust and cheating are missing.

Meanwhile, Sonia in her plea, had also sought setting aside of the compliant saying it was “politically motivated and intended to wreak vengeance and unleash political vendetta” against her.

(Source: PTI )