HC rejects Sonia, Rahul's pleas in Herald case

Congress to challenge order in Supreme Court on Tuesday

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Congress President Sonia Gandhi and her son Rahul Gandhi on Monday suffered a jolt when the Delhi High Court has rejected their pleas for quashing the summons against them in the National Herald case, an order the party plans to challenge in the Supreme Court on Tuesday.

Pulling them up on "questionable conduct" about how they took control of the publication, judge Sunil Gaur also turned down the plea of the Gandhis and five others for exemption from personal appearance in the trial court, where it is listed for Tuesday.

Along with the Gandhis, five other accused – Suman Dubey, Motilal Vohra, Oscar Fernandes, Sam Pitroda and Young India Ltd – had challenged the summons issued to them by a trial court on a complaint by Bharatiya Janata Party leader Subramanian Swamy, for alleged cheating and misappropriation of funds in taking control of the daily.

“After having considered the case in its proper perspective, this court finds no hesitation to put it on record that the modus operandi adopted by petitioners in taking control of Associated Journals Ltd (AJL) via special purpose vehicle, i.e. Young India Ltd (YIL), particularly, when the main persons in 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 judge went on to say that “By no stretch of imagination, it can be said that no case for summoning petitioners as accused in the complaint in question is made out.”

Reacting to the order, Congress spokesman Abhishek Singhvi, who is representing Rahul Gandhi, brushed aside suggestions that it was a setback. “These things are subjective...We have an open and shut case. There have been several legal deficiencies. We have unassailable arguments," he told reporters.

Meanwhile, Swamy said he has filed a caveat in the apex court on Monday to pre-empt any exparte order on the appeals likely to be moved by them. “No order should be passed without giving me an opportunity or without hearing me,” he said.