National Herald Case: SC refuses to interfere in trial court proceedings

In yet another relief to the Gandhis, the court permitted them to raise all the issues, including the locus of Subramanian Swamy, who has initiated the criminal proceedings in the Herald case.

SC also leaves it open for trial judge to seek personal appearance of Sonia and Rahul if he thinks it appropriate at any stage.

Earlier, a Bench comprising Chief Justice T S Thakur and Justice R Banumathi had assured senior advocate Kapil Sibal, representing the Gandhi family, saying they will look into it for giving an urgent hearing. “The first is that every inference and conclusion in the order of the High Court has been rendered non- operative by the apex court”, Singhvi said.

“The high court can’t draw firm conclusions”. The court also said that the trial court must issue specific order whenever their presence is needed.

Further, the Court exempted the petitioners from personal appearance in trial court, while holding that the trail court can require the same as and when required.

The approach of the high court “is untenable in law”. The National Herald newspaper, founded by Jawaharlal Nehru, was closely associated with India’s freedom struggle and the Indian National Congress until 2008.

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 the plea to quash the complaint and summons.

Referring to Swamy’s complaint the HC said the transactions of the Congress with AJL via YI are not mere commercial transactions – these transactions legitimately attract the allegations of cheating, fraud, breach of trust, misappropriation, etc.