National Herald case: SC to consider early hearing of Sonia, Rahul plea

A bench comprising Chief Justice T S Thakur and Justice R Banumathi assured senior advocate Kapial Sibal, representing the Gandhis, by saying "we will look into it".

By: PTI | New Delhi | Published:February 11, 2016 7:33 pm
National Herald case, National herald story, what is national herald, sonia gandhi, rahul gandhi Sonia Gandhi with Rahul Gandhi (File photo)

The Supreme Court on Thursday said it will consider the pleas of Congress President Sonia Gandhi and Rahul Gandhi that their appeals against the Delhi High Court verdict, refusing to quash summons issued to them in the National Herald case, be heard tomorrow.

A bench comprising Chief Justice T S Thakur and Justice R Banumathi assured senior advocate Kapial Sibal, representing the Gandhis, by saying “we will look into it”.

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Sibal said Subramanian Swamy, the BJP leader who has filed the criminal complaint against the UPA Chairperson and five others, had earlier agreed to February 12, the scheduled date of hearing, and now he is saying he is not available till February 19.

The Gandhis and other co-accused may now have to appear again before the magisterial court here on February 20 if they fail to get any interim relief, on the issue of their personal presence, from the apex court.

Earlier, the Congress President, her son Rahul, Suman Dubey and Sam Pitroda had filed appeals in the apex court against the High Court verdict in the case.

The High Court had on December 7, 2015 not only refused to quash the summons issued to the Congress leaders, but had also made scathing observations on their “questionable conduct” regarding how they took control of the publication.

Subsequently, the Gandhis and others had appeared before a Patiala House court on December 19 last year when they were granted bail.

The High Court, while refusing the plea of Gandhis and others, had said, “Questionable conduct of petitioners needs to be properly examined at the charge stage to find out the truth and so, these criminal proceedings cannot be thwarted at this initial stage.”

Along with the Gandhis, 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 Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.

Swamy had accused Sonia, Rahul and others of conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which YI obtained the right to recover Rs 90.25 crore which the AJL had owed to the Congress party.

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

The trial court had on June 26, 2014 asked them to appear before it on August 7, 2014 but the order was stayed on August 6 by the Delhi High Court which on December 7, 2015 vacated the stay by rejecting plea to quash the complaint and summons.

According to Swamy’s complaint, all of them were directors of Young Indian Ltd (YI), a company that was incorporated in 2010 and which took over the “debt” of Associated Journals Ltd (AJL), the publisher of National Herald.

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  1. P
    prakash gotimukul
    Feb 11, 2016 at 6:39 pm
    This news doesnt deserve more than 2 sentences, but TOI being a paid news will everytime write the full details of the case with a smiling family accused, who shd be shown in a police van with grills masking their blackened faces. Shameless family, shameless TOI
    Reply
    1. A
      adi
      Feb 11, 2016 at 3:05 pm
      Why should they get the relief ? Law should be same for all.. If 76 years old asaram bapu has been kept in jail for no charges proven yet then why madam and pappu roam around freely.How come lalu and jayalalitha got the bail inspite of being culprits ?
      Reply
      1. R
        Rajesh
        Feb 11, 2016 at 3:14 pm
        Is there really any doubt that Nehru family are thieves? They even got thief and loyal lapdog Kapil Sibal to defend them.
        Reply
        1. H
          Hari Goyal
          Feb 11, 2016 at 6:33 pm
          SC always ready to help big and influential.
          Reply
          1. H
            Hanamant Kulkarni
            Feb 13, 2016 at 6:12 am
            They showed their hands to learn their future, but only to get rebuked. If his wished to invoke SC, then why that bravado and thousands of supporters before Magistrate's court earlier? Now it is settled, they have to face the Trial - first of its kind for the family. Relief from personal appearance - is it a victory?
            Reply
            1. H
              Hanamant Kulkarni
              Feb 13, 2016 at 6:12 am
              They showed their hands to learn their future, but only to get rebuked. If his wished to invoke SC, then why that bravado and thousands of supporters before Magistrate's court earlier? Now it is settled, they have to face the Trial - first of its kind for the family. Relief from personal appearance - is it a victory?
              Reply
              1. N
                Nagar Iyer
                Feb 11, 2016 at 6:24 pm
                Our SC and HCs are full of corrupt scoundr-els. One fails to understand the logic behind entertaining such frivolous appeals. Even after 1 year of Swami's filing the complaint, the 'actual trial' is yet to commence. Corrupt Judges of the HC and the SC are colluding and abetting the fraud Ghandy-s to evade the trial.
                Reply
                1. M
                  Monga, ND
                  Feb 12, 2016 at 12:35 am
                  • National Herald case in a nut s. National herald (NH), a newspaper started during 1930s by Nehru During the course of time it aculated land and wealth of 5000crs and also had a loss of Rs90 cr by 2000. NH directors Sonia ,Rahul, and Motilal vohra decided to sell it to Young India Ltd.Young India's directors were Sonia, Rahul, Oscar farnandes and Motilal Vohra. Deal was that young India would clear NH's 90cr loan and in return get ets worth 5000 cr. To strike this deal Motilal Vohra spoke to Motilal Vohra bcoz he was director of both companies. Now comes the twist. To clear the 90 cr debt, Young Indian, asks Congress party to give loan of 90 cr. So congress calls a meeting , party President, VP, Gen Sec, Treasurer attends it. Who are these ppl ?? Sonia, Rahul, Oscar and Motilal Vohra respectively. Congress gives loan. Who approves it? treasurer,motilal vohra. So congress treasurer vohra, gives loan to young India,its director vohra takes it and gives it to NH director vohra. Hold on the fun doesn't stop here. Next day congress party calls meeting, who attends it ?? Sonia, Rahul, Oscar, vohra . they decide that NH has done lot of service to the country during freedom fight, let's write off the loan. So 90cr loan is written off. Great. Young India with 36% share held by sonia and Rahul each , rest owned by Oscar and vohra gets property worth 5000cr, including 11 stories flat at bahadur shah zafar marg in Delhi, which is rented out to pport office and other offices. Wow this is what is called creation. Creating everything out of nothing. 5000crs out of thin air!!!!
                  Reply
                  1. R
                    Ramesh
                    Feb 12, 2016 at 12:37 am
                    National herald (NH), a newspaper started during 1930s by Nehru During the course of time it aculated land and wealth of 5000crs and also had a loss of Rs90 cr by 2000. NH directors Sonia ,Rahul, and Motilal vohra decided to sell it to Young India Ltd.Young India's directors were Sonia, Rahul, Oscar farnandes and Motilal Vohra.Deal was that young India would clear NH's 90cr loan and in return get ets worth 5000 cr. To strike this deal Motilal Vohra spoke to Motilal Vohra bcoz he was director of both companies.it is all fooling people of india - they got an et of rs.5,000 crores out of nothing.
                    Reply
                    1. S
                      Shyamal Ganguly
                      Feb 11, 2016 at 4:03 pm
                      You know, even Supreme Court Judges are vulnerable to temptations and some of them sucb. People like KAPIL SIBAL, JETHMALANI are strong brokers for criminals. Do not be surprised if the Mother and Son get away like they did in BOFORS Case (SC blessed Quattrochi to escape and keep the loot).
                      Reply
                      1. S
                        Smart
                        Feb 11, 2016 at 3:51 pm
                        I pray that hi family gets the punishment they deserve in Herald case.
                        Reply
                        1. R
                          Ramakrishna Tumuluri
                          Feb 11, 2016 at 4:05 pm
                          THE SC SHOULD SURELY HEAR THE MOTHER SON PLEA SOON AS IT IS NOT WISE OR ADVISABLE TO ALLOW ANY VENOM TO CONTINUE IN THE BODY POLITIC FOR TOO LONG
                          Reply
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