If the case goes to SC at this nascent stage, it will be a test for SC and for the Rule of Law in the nation. The judicial process has been abused by delaying the process of trial in the lower court.
Justice delayed is justice denied. SC should not be a party to interference with the judicial process. If the fence eats away the field, who is to save the crop?
Kalyanaraman
National Herald case: Sonia Gandhi, Rahul Gandhi asked to appear before trial court; Congress to move SC against Delhi HC order
Congress said the Delhi HC's rejection of the pleas of Sonia Gandhi and Rahul Gandhi in the National Herald case was "not a setback".
NEW DELHI: In a big setback for Congress president Sonia Gandhi and her son Rahul Gandhi, the Delhi high court on Monday rejected their pleas for quashing the summons against them in the National Herald case.
Making scathing observations on the "questionable conduct" regarding how they took control of the publication, Justice Sunil Gaur also turned down the plea of Gandhis and five others for exemption from personal appearance in the case in the trial court, where it is listed for Tuesday.
Along with the Gandhis, five other accused — Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd — had challenged the summons issued to them by a trial court on a complaint by BJP leader Subramanian Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.
"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 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".
HC order in National Herald to be challenged in SC
Reacting to the order, the Congress said it will be challenged in the Supreme Court as there are "several legal deficiencies" in the verdict.
Party spokesman Abhishek Singhvi brushed aside suggestions that it was a major setback for them in the case filed by BJP leader Subramanian Swamy.
"These things are subjective...We have an open and shut case. There have been several legal deficiencies. We have unassailable arguments", he told reporters making it clear that the party will "not only challenge, but will take all legal recourses and avenues".
"We believe there is substantive merit in the quashing petition (against summons) that we had filed." No one has ever complained of being cheated in this matter, he said.
"But a person with no locus, Dr Subramanian Swamy, alleges that, though he himself has not been cheated, an offence of cheating has occurred. So, we are raising the issue of locus standi in a very big way. There are many other legal grounds," Singhvi said.
Making scathing observations on the "questionable conduct" regarding how they took control of the publication, Justice Sunil Gaur also turned down the plea of Gandhis and five others for exemption from personal appearance in the case in the trial court, where it is listed for Tuesday.
Along with the Gandhis, five other accused — Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd — had challenged the summons issued to them by a trial court on a complaint by BJP leader Subramanian Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.
"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 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".
HC order in National Herald to be challenged in SC
Reacting to the order, the Congress said it will be challenged in the Supreme Court as there are "several legal deficiencies" in the verdict.
Party spokesman Abhishek Singhvi brushed aside suggestions that it was a major setback for them in the case filed by BJP leader Subramanian Swamy.
"These things are subjective...We have an open and shut case. There have been several legal deficiencies. We have unassailable arguments", he told reporters making it clear that the party will "not only challenge, but will take all legal recourses and avenues".
"We believe there is substantive merit in the quashing petition (against summons) that we had filed." No one has ever complained of being cheated in this matter, he said.
"But a person with no locus, Dr Subramanian Swamy, alleges that, though he himself has not been cheated, an offence of cheating has occurred. So, we are raising the issue of locus standi in a very big way. There are many other legal grounds," Singhvi said.