National Herald case: Sonia, Rahul Gandhi get bail, stymie BJP’s Subramanian Swamy

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New Delhi | Published: December 19, 2015 6:16:19 PM

In the National Herald case, Congress' Sonia Gandhi and Rahul Gandhi today received relief from court as they got bail after it rejected BJP leader Subramanian Swamy's plea that said they can flee the country. Former PM Manmohan Singh stood surety for Sonia, while Priyanka Vadra gave surety for Rahul.

national herald case, national herald case next eharing, national herald case update, rahul gandhi, rahul gandhi news, rahul gandhi bail, rahul gandhi jail, sonia gandhi, sonia gandhi newsNational herald case: Subramanian Swamy had accused Sonia and Rahul Gandhi of conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which Young Indians obtained the right to recover Rs 90.25 crore which the AJL had owed to the Congress party.

In the National Herald case, Congress President Sonia Gandhi and son Rahul Gandhi today received relief from court as they got bail after it rejected complainant Bharatiya Janata Party (BJP) senior leader Subramanian Swamy’s plea that said they are influential and can flee the country. Former Prime Minister Manmohan Singh stood surety for Sonia, while Priyanka Vadra gave surety for her brother Rahul.

In his reaction, BJP’s Swamy said all their claims that the Gandhis would not seek bail proved false. “They said they will not take bail. What happened now,” he told reporters.

Swamy had accused Sonia and Rahul Gandhi and others of conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which Young Indians obtained the right to recover Rs 90.25 crore which the Associated Journals Ltd (AJL), the publisher of National Herald, had owed to the Congress party.

“The accused are reputed persons having deep political grassroots and there is no apprehension that they will flee,” the Magistrate noted while granting them bail on furnishing personal bond of Rs 50,000 each and one surety. He posted the case for next hearing at 2 PM on February 20, next year.

However, the relief for both Sonia and Rahul Gandhi was partial as, the Magistrate made it clear that no exemption from personal appearance will be granted to any accused for the next date of hearing.

Amidst media hype and hoopla and tight security, Sonia Gandhi and Rahul Gandhi and three other accused Motilal Vora, Oscar Fernandes and Suman Dubey appeared before Metropolitan Magistrate Lovleen in the Patiala House courts complex in the heart of the capital in pursuance of the summons issued to them on Dec 8.

The case is based on a private criminal complaint lodged by Subramanian Swamy against them of cheating, conspiracy and criminal breach of trust.

A K Antony stood surety for Fernandes and Ghulam Nabi Azad and Ajay Maken for the other accused. Sam Pitroda, yet another accused, was granted exemption from personal appearance today on medical grounds.

Earlier, Manmohan Singh and a host of Congress leaders including Mallikarjun Kharge, Ambika Soni, Shiela Dikshit, Ashwini Kumar, Meira Kumar arrived at the court complex shortly before the hearing was to commence at 3 PM.

A smiling Sonia Gandhi followed closely by Rahul Gandhi emerged out of the court after 15 minutes of proceedings.

As the proceedings began Swamy opposed the bail saying the accused including Sonia and Rahul are “highly influential” people and can flee the country and that their passports should be seized and travel restrictions be imposed on them.

A battery of Congress lawyers including Kapil Sibal and Abhishek Singhvi told the court that these are people who have deep roots in society and they hold high office and do not have any previous charge against them.

The summons were issued by the court on Dec 8 after the Delhi High Court the previous day had refused to quash the summons issued to them earlier to appear as accused.

Both Sibal and Singhvi told reporters after the proceedings that the court rejected Swamy’s plea and gave bail to the leaders.

“It is most unfortunate that Swamy sought to impose conditions including restrictions on travel abroad but the court granted unconditional bail,” Singhvi said.

“I don’t see the slightest reason for dissatisfaction with the court order,” he added.

Rejecting Congress criticism that he was doing vendetta politics at the behest of BJP, Swamy said look at the evidence in the case and not vendetta.

“I have so many friends (in the BJP).  I am a Jan Sanghi.  I know them (BJP leaders) personally. I have not taken an appointment with the prime minister and spoken to him at all about the case,” he told reporters.

The judge, who held the proceedings in a closed room, asked Swamy to bring all relied upon documents in support of his complaint on the next date of hearing.

Sonia, Rahul, Vora (AICC Treasurer), Fernandes (AICC General Secretary), Dubey and Pitroda were summoned under sections 403 (dishonest misappropriation of property), 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of the IPC.

The trial court had on June 26 last year asked them to appear before it on August 7, 2014 but the order was stayed on August 6, 2014 by the Delhi High Court which on December 7 this year vacated the stay by rejecting the plea to quash the complaint and the summons.

On December 15, 2014, the court had further stayed the summons till final disposal of the petitions.

Swamy has accused them of cheating and misappropriation of funds in acquiring ownership of the now-defunct daily National Herald.

All of them were directors of Young Indian Ltd (YI), a company that was incorporated in 2010 and which took over the “debt” of Associated Journals Ltd  (AJL), the publisher of National Herald.

Along with the Gandhis, five other accused – Suman Dubey, Moti Lal Vora, Oscar Fernandez, Sam Pitroda and Young India Ltd – had challenged the summons issued to them by trial court on Swamy’s complaint.

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