Subramanian Swamy cross-examined in National Herald case

BJP MP Subramanian Swamy was on Friday cross-examined in a Delhi court in connection with the National Herald case.
Swamy, the complainant in the case, was cross-examined by the R S Cheema, the counsel of Congress leaders Sonia Gandhi & Rahul Gandhi, in the Rouse Avenue Court of Additional Chief Metropolitan Magistrate (ACMM) Samar Vishal.
The office-bearers of the Congress party were “cheats” & the workers were the victims of the cheating, the leader said in a reply to a question asked by the counsel.
He alleged that the publication of the National Herald, which had stopped in 2008, resumed from another website in 2016.
“This was well after the summons in this case was issued on 26 June 2014,” the BJP leader added.
Swamy objected to the use of Hindi by Cheema. “Please speak in English. You must remember that I am a Tamilian. English is the language of the court.”
Before the debate could escalate any further, the judge intervened & said, “Both Hindi & English are languages of the Court. Hindi is the national language.” The counsel, thereafter, refrained from using Hindi.
Swamy had filed the case in 2012 accusing the mother, son & others of conspiring to cheat & misappropriate funds.
The BJP lawmaker had stated that the Congress party granted an interest-free loan of Rs. 90.25 crore to Associated Journals Limited (AJL), owner of the National Herald newspaper.

Subramanian Swamy moves SC for urgent listing of plea seeking fundamental right to pray at Ayodhya

BJP leader Subramanian Swamy Monday moved the Supreme Court for urgent listing of his plea seeking enforcement of his fundamental right to worship at the disputed Ram Temple site at Ayodhya.

A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna asked Swamy to remain present in the court on Tuesday when the main Ayodhya matter will be taken up for hearing.

Swamy, while mentioning the matter for urgent listing, told the bench that his plea should be heard separately.

However, the CJI said, “You be present here tomorrow. We will see.”The apex court had last year disallowed Swamy from intervening in the Ayodhya land dispute case and made it clear that only the parties to original lawsuits would be allowed contest.

However, the bench had considered Swamy’s submission that he had not sought to intervene in the matter but had filed a separate writ petition seeking enforcement of his fundamental right to worship at the birth place of Lord Ram in Ayodhya.

“I had filed a writ petition saying that I have a fundamental right to worship and this is a superior right than property right,” Swamy had said.

“As we are not inclined to permit the intervention application, the writ petition filed by the applicant (Swamy) shall stand revived and it shall be dealt with by the appropriate bench in accordance with law,” the bench had said.

On Monday, Swamy sought urgent listing of his plea for the enforcement of fundamental right to worship.

The top court will hear the politically sensitive Ayodhya’s Ram-Janmabhoomi Babri Masjid land dispute matter on February 26.

It will be heard by a five-judge Constitution Bench comprising Chief Justice Ranjan Gogoi and justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.

Fourteen appeals have been filed in the apex court against the 2010 Allahabad High Court judgment, delivered in four civil suits, that the 2.77-acre land in Ayodhya be partitioned equally among the three parties — the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The five-judge bench was re-constituted on January 25 as Justice U U Lalit, who was a member of the original bench, had recused himself from hearing the matter.

Govt’s report in sealed cover available on Twitter: Swamy to SC

New Delhi: BJP leader Subramanian Swamy today took a dig at the Centre and told the Supreme Court that a document placed by it in a sealed cover, in a case relating to senior ED officer Rajeshwar Singh, was available on micro-blogging site Twitter.

After a vacation bench of Justices Arun Mishra and Sanjay Kishan Kaul pronounced its order in the matter and said the government was free to look into the “serious” charges against Singh, Swamy told the apex court that the document has been “put on Twitter”.

“It (document) should not have been put on Twitter,” the bench said, adding, “It should not have been put in public domain”.

Justice Kaul observed, “everything is on Twitter nowadays”.

After the pronouncement of the order, Swamy told the bench that he was “happy” with it.

Later in the day, Swamy held a press conference at his official residence here and made public the document, which he claimed was placed in a sealed cover before the top court by the Centre.

He alleged that there was no basis for the Ministry of Finance to file a report of the Research and Analysis Wing (R&AW) in the court as it was of year 2016, which was already available on Twitter.

Swamy claimed in the press conference that “some powerful people” were after Singh as he was investigating the Aircel-Maxis deal case in which a second charge sheet would be filed in a trial court shortly.

He said that even after the 2016 report of R&AW, Singh was promoted to the post of Joint Director of Enforcement Directorate (ED) and at that time, there was no problem.

However, now in 2018, Singh’s promotion as Additional Director of the agency has been held up based on the same report, he said.

The BJP leader even targetted the law officer, who appeared for the Centre before the apex court in the matter today, and asked on whose instructions had he opposed him and Singh in the court.

“As per my information, the PMO, the National Security Advisor and the Cabinet Secretariat was not informed that the Additional Solicitor General will be opposing my petition. He should be removed,” he said at the press conference.

Aircel-Maxis case: SC to hear Swamy’s plea tomorrow

New Delhi: The Supreme Court today agreed to hear tomorrow a fresh plea of BJP leader Subramanian Swamy seeking to implead himself as a party in a petition filed against an Enforcement Directorate officer probing the Aircel-Maxis deal case.
A vacation bench comprising justices Arun Kumar Misra and S K Kaul also agreed to hear the plea of ED officer Rajeshwar Singh that contempt proceedings be initiated as attempts have been made to thwart the ongoing investigation in the Aircel-Maxis case.
Recently, a fresh petition was filed by one Rajneesh Kapur alleging that Singh, the investigating officer in the Aircel-Maxis case, has amassed disproportionate assets beyond the known sources of his income.

Swamy, who had earlier moved the apex court for expeditious investigation in the Aircel-Maxis case, has sought court’s direction for making himself as a party in the fresh plea filed by Kapur against the ED official.
Earlier, on June 20, Justice Indu Malhotra recused herself from hearing in the matter without assigning any reason.
The apex court had on March 12 set a deadline of six months for the CBI and the ED to complete the investigation into the alleged irregularities in FIPB approval given in the Aircel-Maxis deal case in which former finance minister P Chidambaram and his son Karti have been questioned by probe agencies.

Swamy, Rahul Gandhi accuse each other of delaying trial: Herald case

BJP leader Subramanian Swamy and Congress president Rahul Gandhi today accused each other in a Delhi court of wasting its time and delaying the trial in the National Herald case.

Complainant Swamy and the accused, including Rahul Gandhi and his mother Sonia Gandhi, traded charges before Additional Chief Metropolitan Magistrate Samar Vishal who was hearing arguments on applications moved by the BJP MP seeking certain documents from the Congress party.

Swamy has also filed certain documents in the case and sought a direction to the Gandhis to either admit or deny whether they were original.

The BJP leader, in a private criminal complaint, has accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying just Rs 50 lakh, through which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore that Associate Journals Ltd owed to the Congress.

“They (Gandhis) had submitted various documents in the Supreme Court. Now, I am asking them to confront the documents (in this court). The accused should stop wasting the court’s time and either admit or deny these documents,” Swamy said.

The advocates appearing for the Gandhis, however, told the court that Swamy was wasting its time and delaying the trial by filing “unauthenticated documents” in the case.

“The applications filed by the complainant are not proper. The documents which the complainant wants to be confronted are neither original, nor certified. The court cannot even look at them.

“Every time when the complainant has to step into the witness box, he files a new application. Further, he wants summoning of documents but where are the witnesses who will authenticate them? We will admit or deny the original documents, not the photocopies. All these documents have been moved with the purpose to delay the trial and they must be dismissed,” the defence counsel said.

Regarding Swamy’s submissions that he had found certain documents related to the Income Tax department, lying along with newspapers at his doorstep, senior advocate Ramesh Gupta, appearing for some of the accused persons, quipped that it showed the breach in his security.

“This is the situation. He (Swamy) is a Z-plus security holder and nobody is able to protect his house. Anyone can come and throw something,” Gupta said.

Swamy has filed an application alleging that according to the documents found by him, the I-T department had launched a probe against the accused, also involving YI, after taking note of his complaint in the case. The Gandhis are major stakeholders in YI.

The court later posted the matter for further hearing on May 14.

All the seven accused – the Gandhis, Motilal Vora (AICC treasurer), Oscar Fernandes (AICC general secretary), Suman Dubey, Sam Pitroda and YI – have denied the allegations levelled against them in the case.

The court had summoned the accused persons, besides YI, on June 26, 2014.

On December 19, 2015, it had granted bail to Sonia Gandhi, Rahul Gandhi, Vora, Fernandes and Dubey, who had appeared before it pursuant to the summonses.

Pitroda was granted bail on February 20, 2016 when he had appeared in the court.

Sonia Gandhi, Rahul Gandhi, Vora, Fernandes, Dubey and Pitroda were summoned for the alleged offences of misappropriation of property, criminal breach of trust and cheating, read with criminal conspiracy of the Indian Penal Code.

Govt should appeal in HC against 2G case acquittal: Swamy

Govt should appeal in HC against 2G case acquittal: Swamy
Govt should appeal in HC against 2G case acquittal: Swamy

BJP leader Subramanian Swamy, who was one of the petitioners on whose plea a CBI probe was ordered in 2G case, today said government should immediately appeal in the Delhi High Court against the acquittal.

Former Telecom Minister and DMK leader A Raja, his party colleague and Rajya Sabha MP Kanimozhi were today acquitted by a special CBI court in the 2G spectrum allocation scam cases.

“The government should appeal in the high court against acquittal of all the accused,” Swamy told PTI outside court premises.

Later, Swamy also tweeted that the government must prove its bonafides by filing an immediate appeal in the High Court.

In the tweets, he also made reference to former Tamil Nadu chief minister J Jayalalithaa’s DA case in which she along with her close aide Sasikala Natarajan was acquitted by the Karnataka High Court which was finally overruled this year by the Supreme Court.

“Congis and Allies celebrated JJ HC acquittal. Then in SC got deflated. Same will be here,” he said in the tweets.

( Source – PTI )

SC lets Swamy amend plea on Centre’s security clearance

SC lets Swamy amend plea on Centre's security clearance
SC lets Swamy amend plea on Centre’s security clearance

The Supreme Court today allowed BJP leader Subramanian Swamy to amend his plea challenging recent policy guidelines of the Centre on grant of security clearances to companies.

Swamy had moved the apex court seeking a direction to the Ministry of Home Affairs (MHA) to frame the guidelines for granting of security clearances to firms, including those who want to run FM radio channels and are accused of economic offences.

A bench of Chief Justice J S Khehar and Justice D Y Chandrachud allowed Swamy to amend his petition when it was pointed out that the new policy was even “worse” as instead of MHA, the power has been given to other ministries which are not well equipped to grant security clearances.

“They have made it worse by allowing the ministry other than MHA to give clearance to the companies. Only the MHA is equipped with Intelligence Bureau (IB) to take such security decisions,” he said.

“They have delegated the power to Information and Broadcasting ministry and under the Constitution, this is not permissible. Moreover, I and B Ministry has not filed affidavit in the case,” Swamy said.

The recent guidelines have entrusted the I and B ministry with the authority to grant clearances to firms desirous to run FM radio channels.

Swamy, in his plea, had sought a direction to the MHA to frame “foolproof” and “consistent” guidelines for grant of security clearances to firms accused of economic offences, from taking part in public auctions including grant of licenses to run FM radio channels.

On July 7, the apex court had asked the Centre to provide a copy of its revised security clearance policy to the BJP leader.

The Rajya Sabha MP had earlier submitted that the Delhi and the Bombay high courts had taken divergent views on the issue of security clearance by the MHA while dealing with the e-auction process of private FM radio channels.

The Bombay HC had held that the grant of security clearance fell under the exclusive domain of the MHA, the plea had said, adding that the Delhi High Court, on the other hand, had allowed Sun Group (controlled by Kalanithi Maran and former telecom minister Dayanidhi Maran, who are accused in the Aircel-Maxis scam case) to bid for the airwaves auction.

Talking about the nod to the Sun Group to take part in the auction process, Swamy said the MHA had refused security clearance for the group, but the then attorney general had overturned the objection and gave an opinion in favour of the group.

Seeking guidelines from the court, Swamy’s plea said that “inadequate” security clearance policy of the government and the two judgements of the Delhi and the Bombay high courts could be used as a ground to bypass the “mandatory security clearance process by the companies” which could pose a threat to national security.

It was alleged that “inadequacy” and “non-uniformity” in security clearance policy of the government has created this problem where a “tainted person or a company” can be part of a process which can have serious impact on the national security.

( Source – PTI )

Swamy hails SC verdict convicting Sasikala and others

Swamy hails SC verdict convicting Sasikala and others
Swamy hails SC verdict convicting Sasikala and others

BJP leader Subramanian Swamy today hailed the Supreme Court verdict convicting AIADMK General Secretary V K Sasikala in disproportionate assets case, saying the 20-year-old wait has yielded results and it does not matter which party does corruption but the courts will take a tough stand.

Swamy, who had filed the first complaint in 1996 as the then Janata Party chief, said “we have fought for this for 20 years.”

On the verdict passed by Justices P C Ghose and Amitava Roy, he said “we knew that this bench will study the case properly and pass a detailed order.”

Swamy, who has been filing cases against his political opponents, said “this is a huge encouragement for me from the highest court of the land.”

“This judgement shows that it does not matter which party does corruption, the courts will take a tough stand against them,” he said.

The BJP leader said, “I am gratified by the extra note by Justice Roy in placing that corruption is a menace to the society.” Justice Roy, in a separate but concurring judgement, said, “We have expressed deep concern about escalating menace of corruption in the society.

( Source – PTI )

Swamy files list of witnesses in National Herald case

Swamy files list of witnesses in National Herald case
Swamy files list of witnesses in National Herald case

BJP MP Subramanian Swamy today submitted a list of witnesses and other evidences before a Delhi court in the National Herald case filed by him against Sonia Gandhi, Rahul Gandhi and other Congress leaders.

The counsel for Swamy filed the documents before Metropolitan Magistrate Lovleen, who had on December 26 last year given him the last opportunity to submit the list.

After Swamy’s counsel, advocate Dilip Kumar, submitted the documents, the court asked him to supply the same to the accused, to which he agreed.

The list includes the name of eleven persons including All India Congress Committee’s General Secretary Janardan Dwivedi, several officials of Associated Journals Ltd and government officials.

The court has now put up the matter for March 25 for the next hearing.

Swamy, in his private criminal complaint, has accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying just Rs 50 lakh, through which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore which AJL owed to the Congress.

In a relief to Sonia and Rahul, the court had earlier rejected “as fishing inquiry” a plea of Swamy seeking a direction to Congress party and Associated Journals Ltd (AJL) to produce certain records relating to the case.

The court had said that Swamy “seemed to enlarge the scope of present proceedings”.

The Gandhis and other accused — Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda — have denied the allegations levelled against them.

The court had summoned the accused persons, besides YI on June 26, 2014.

On December 19, 2015, it had granted bail to Sonia, Rahul, Vora, Fernandes and Dubey, who had appeared before it pursuant to summons. Pitroda was granted bail on February 20, 2016 when he had appeared in the court.

Sonia, Rahul, Vora (AICC Treasurer), Fernandes (AICC General Secretary), Dubey and Pitroda were summoned for alleged offences under section 403 (dishonest misappropriation of property), 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of the IPC.

( Source – PTI )

Court rejects Swamy’s plea for papers in National Herald case

Court rejects Swamy's plea for papers in National Herald case
Court rejects Swamy’s plea for papers in National Herald case

In a relief to Sonia and Rahul Gandhi, a Delhi court today rejected “as fishing inquiry” a plea of BJP leader Subramanian Swamy seeking a direction to Congress party and Associated Journals Ltd (AJL) to produce certain records related to the National Herald case.

The court said that Swamy “seemed to enlarge the scope of present proceedings”.

Metropolitan Magistrate Lovleen, meanwhile, gave last opportunity to Swamy to submit the list of his witnesses in the case lodged against Gandhis and some other Congress leaders and fixed the matter on February 10 for hearing arguments on framing of charges.

“At the very outset, this court must observe that by using the terms ‘verify’/’see’/’investigate’ (in application) the complainant (Swamy) admits that he himself is not aware of the contents of the said documents.

“In these circumstances, the prayer of the complainant is nothing but a fishing enquiry which is not permitted under the law. This court feels that by seeking the above documents the complainant seems to enlarge scope of present proceedings,” the court said.

The court also said that most of the documents sought “do not seem relevant in view of context of present allegations” and “do not seem to be connected to the facts required to be proved by the complainant”.

It said that a few documents which seemed to be relevant, could not be ordered to be summoned as those were “to be contemporaneous with the examination of prosecution witnesses.

In the present case the complainant has not even placed a list of witnesses, whom he proposes to examine in pre-charge stage.

So the prayer made by the complainant for summoning the documents from Congress and AJL has to be rejected”.

Swamy, in his private criminal complaint, has accused Gandhis and others of conspiring to cheat and misappropriate funds by paying just Rs 50 lakh through which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore which AJL owed to the Congress.

Swamy has sought documents relating to a loan given by the Congress to the AJL, the holding firm of the National Herald, saying these were necessary for the purposes of trial in the case.

( Source – PTI )