National Herald case: In setback for the Gandhis, Delhi HC allows I-T probe

The investigation is based on a criminal complaint made by BJP MP Subramaniam Swamy in 2012

In a major setback for Congress president Sonia Gandhi and vice-president Rahul Gandhi, the Delhi High Court on Friday allowed the Income Tax (I-T) department to continue its investigation in the National Herald case.

The investigation is based on a criminal complaint made by Bharatiya Janata Party Member of Parliament Subramaniam Swamy in 2012, which has accused the Gandhis of a conspiracy to cheat and criminally misappropriate funds by paying a mere Rs 50 lakh for Young Indian Private Limited (YIPL) to acquire the right to recover Rs 90.25 crore which the publishers of National Herald – Associate Journals Limited – owed to the Congress. YIPL is a company where Sonia Gandhi and Rahul Gandhi are directors and majority shareholders.

In their plea, the Gandhis and other accused Congress leaders had said that Swamy's plea was in the nature of a roving and fishing enquiry that was not permissible under law. However Justice Muralidhar held that that the I-T department had the right to investigate and said that YIPL could not be arrogant and refuse to submit documents as required. After the court reached its conclusion, the counsel for the Gandhis, senior advocate Abhishek Manu Singhvi, withdrew the petition. 

The Patiala House Court, which is hearing Swamy's complaint, had previously allowed the criminal investigation into the Gandhis and the other accused, while granting them bail in December 2015.