Cong may approach SC seeking expunction of HC judge remarks

Congress may approach the Supreme Court seeking expunction of some adverse remarks made by the Delhi High Court in the National Herald Case in which Sonia Gandhi and Rahul Gandhi are among the accused.
Party sources said that approaching the apex court was being considered only for the limited purpose pertaining to the remarks made by Justice Sunil Gaur and there are no plans to seek stay of the proceedings in the lower court.
The High Court had made scathing observations on the "questionable conduct" of Gandhis regarding how they took control of the publication.
While rejecting the plea of Gandhis for quashing of the summons against them, Justice Gaur had observed: "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 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.
"In any case, 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. Questionable conduct of 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 judge had said in his 27-page order.
The judge was also of the view that "the gravity of the allegations levelled against petitioners (Sonia, Rahul and others) has a fraudulent flavour involving a national political party and so, serious imputations smacking of criminality levelled against petitioners need to be properly looked into".

The case is based on a private criminal complaint filed by BJP leader Subramanian Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.