HC dismisses pleas of Gandhis in National Herald case

Backing Chowdhary, party spokesperson Abhishek Manu Singhvi said, “We will appeal against the High Court order”.

Following the verdict released by High Court directing Congress President Sonia Gandhi and Vice President Rahul Gandhi to appear before prosecution in the case pertaining to the alleged cheating in the takeover of defunct media outlet National Herald, the legal counsel of the party struck back calling the orders passed against them as “legally unsustainable”. The case may come up in a trial court as early as tomorrow.

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.

Following Swamy’s complaint, the trial court summoned the two Gandhis and five others, including Congress Treasurer Motilal Vora and General Secretary Oscar Fernandes, family friend Suman Dubey, technology advisor to former Prime Minister Rajiv Gandhi, Sam Pitroda, and YIL.

Responding to oral pleas by senior advocated Harin Raval, Justice Gaur said, “No”. The high court had earlier stayed the criminal proceedings in the trial court. He has complained about “cheating” and breacj of trusts in the acquisition of Associated Journals Limited – the publisher of National Herald – by a company called Young Indian Limited, in which the Gandhis reportedly hold shares.

Swamy also contended that the political party was being provided bungalows for office space, free time on government run television and radio, security cover, and exemption from income tax and thus, its “expenditure and investment obviously has to be for furthering public interest and can not be for furthering private interest of anyone including its office bearers”.

“Will not only challenge the order but also ask for a stay”, said Singhvi.

It also refused to extend the August 6, 2014 interim order by which the summons were stayed.