Two petitions were filed before the Delhi High Court Wednesday challenging the summons issued by a city court in the National Herald case. In June, a Metropolitan magistrate had issued summons to Congress president Sonia Gandhi, vice-president Rahul Gandhi and five others, including AICC treasurer Moti Lal Vohra, general secretary Oscar Fernandes, Suman Dubey and Sam Pitroda, to appear as accused in the case filed by BJP leader Subramanian Swamy, who alleged misappropriation of funds in transactions with the Associated Journals Ltd (AJL).
The pleas have been filed by Rahul, Sonia, Vohra, Fernandez and the company Young India (YI). The pleas are, however, not likely to come up for hearing before next week since there were some technical objections raised against them by the High Court registry, and will have to be filed again after removing the defects.
The petitions have claimed the complaint of alleged embezzlement and breach of trust were “false and politically motivated” and had been filed to “settle a political score”.
The Congress leaders also alleged that as a “third party”, Swamy did not have any right to question valid financial transactions between the Congress, AJL and YI.
The pleas further argue there was no evidence to indicate any fraudulent or dishonest intent in the transfer of funds.
Swamy, in his complaint to the trial court, had alleged the accused had “conspired” to cheat and misappropriate funds by paying Rs 50 lakh out of the AICC funds to the company YI, which then obtained control of AJL, which owns over Rs 2,000 crore worth of assets.