National Herald Case: SC refuses to quash criminal proceedings, but exempted Sonia and Rahul from personal appearance in Trial Court

New Delhi: The Honourable Apex Court has rejected the claim sought in the appeals which was preferred by the Congress leaders Sonia Gandhi and her son Rahul Gandhi . The Court has refused the quashing of proceedings in the Trial Court against both of them. And it was also observed by the Bench that the case is evidencing criminality, prima facie. Also, the Bench has questioned the legality of the initial Loan which was granted to the Associated Journals Limited by the Congress party, which has run the National Herald

The decision was made by the Bench of honourable Apex Court of the country headed by Justice J S Khehar also comprising of Justice C Nagappan, while hearing on the challenge made by Congress leaders against the order made by High Court of Delhi.

The Bench of Apex Court also expressed that it is feeling unhappy at the conduct of the Delhi High Court, when it had remarked against the Gandhis. As shown in the judgement of the High Court of Delhi, it had remarked that in the case ‘probity of the legendary national political party’ was ‘at stake’ as the Party’s office- bearers held the fund of National Herald in trust.

Moreover, the said remark was also expunged by the bench saying that the same is wrong on the part of concerned High Court to comment against the Congress leaders when the proceedings in the Trial Court was yet to begin. And also, the bench stated, “Let there be fair trial in the case”.

However, the honourable Supreme Court of India has granted exemption to the president of Congress Party, Sonia Gandhi and her son Rahul from personally appearing in the Patiala House Court, in the hearing of the National Herald Case which is fixed for 20th day of February.

In the National Herald Case, it was seen in the year 2012 that the Congress leaders, Sonia Gandhi and Rahul Gandhi along with four others (Suman Duby, Motilal Vora, Sam Pitroda and Oscar Fernandes) were made accused against the case filed by BJP leader Subramanian Swamy. The case was made of cheating and misappropriation of funds in acquiring the ownership of the National Herald.

Adv. Faim Khalilkhan Pathan