Delhi HC rejects petitions of Sonia, Rahul in Herald case

New Delhi: The Delhi high court gave Congress president Sonia Gandhi and her son, party vice-president Rahul Gandhi, a big jolt on Monday by rejecting their pleas that the summons against them in the National Herald case be quashed. It also made scathing observations about their “questionable conduct” in connection with how Congress leaders took control of the publication. The court also rejected their plea for exemption from personal appearance in the case in the trial court, where it is listed for Tuesday.

The other five accused — Mr Suman Dubey, Mr Motilal Vora, Mr Oscar Fernandes, Mr Sam Pitroda and Young India Ltd — had challenged the summons issued to them by a trial court on a complaint against them by BJP leader Subramanian Swamy for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.

BJP leader Subramanian Swamy, meanwhile, 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.

Justice Sunil Gaur said, “After having considered the entire case in its proper perspective, this court finds no hesitation to put it on record that the modus operandi adopted by the petitioners in taking control of Associated Journals Ltd (AJL) via a special purpose vehicle i.e. Young India Ltd (YIL), particularly when the main persons in the Congress Party, AJL and YIL are the same, evidences a criminal intent.”

“Whether it is cheating, criminal misappropriation or criminal breach of trust is not required to be spelt out at this nascent stage,” the court said.

The 27-page order said, “In any case, by no stretch of the imagination can it be said that no case for summoning the petitioners as accused in the complaint in question is made out. The questionable conduct of the 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.”

The Congress on Monday said the Delhi high court’s rejection of the pleas of Mrs Gandhi and Mr Rahul Gandhi was “not a setback” and that the party would pursue the matter at the appropriate legal forum. The party will approach the Supreme Court Tuesday.

Randeep Singh Surjewala, in charge of the party’s communications department, said in a statement: “Congress does not view the judgment pronounced by Hon’ble Delhi high court today in the National Herald case as a setback as is being represented in a section of the media. Based on legal advice, we shall pursue the matter at an appropriate legal forum so that the lies of the BJP and its dirty tricks department are exposed in the public domain,” he said.

The BJP welcomed the order. “This is what happens when you buy such a huge property for a pittance,” BJP spokesperson Shahnawaz Hussain said. “India’s law is equal for the common people and Soniaji and Rahulji. Zyada der luka-chhupi nahi chalti (One can’t play hide-and-seek for long),” he added. The HC was also of the opinion that “the gravity of the allegations levelled against the petitioners (Sonia, Rahul and others) has a fraudulent flavour involving a national political party and, so, serious imputations smacking of criminality levelled against the petitioners need to be properly looked into”.

“The ingredients of the offences alleged are not lacking and sufficient ground to proceed against the petitioners certainly exists. No mala fides can be alleged against respondent-complainant (Mr Swamy) nor can it be said the summoning of the petitioners is an abuse of the process of the court,” the high court said.

It said “legal jugglery” of words “does not and cannot” persuade it to opine, at this initial stage of proceedings, that the allegations in Mr Swamy’s complaint do not make out a prima facie case for summoning the Congress leaders. “The sum and substance of the allegations levelled against the petitioners cannot be brushed aside by merely saying that at best it is a case of a takeover of AJL and the remedy lies in invoking the provisions of the Companies Act,” it said.

The court, referring to Mr Swamy’s complaint, said, “The transactions of the Congress Party with AJL via YI are not mere commercial transactions as these transactions legitimately attract the allegations of cheating, fraud, breach of trust, misappropriation, etc.” The HC, on whether Mr Swamy had the locus to make the complaint, said, “The plea of locus standi cannot be restricted to typical cases of cheating, misappropriation, etc., as here is a case where the act of office-bearers of a political party having criminal overtones is under scrutiny and, so, the challenge to the locus of respondent-complainant to maintain the complaint in question is hereby repelled.”