National Herald case: Delhi court issues notice to Sonia and Rahul

Published: 28th August 2016 03:34 AM  |   Last Updated: 28th August 2016 03:34 AM   |  A+A-

Sonia Gandhi_rahul Gandhi_AFP

Congress president Sonia Gandhi and Congress vice president Rahul Gandhi. |File Photo: AFP

NEW DELHI: A Delhi court on Saturday asked Congress president Sonia Gandhi, party vice-president Rahul Gandhi, and other leaders to respond to a fresh plea of BJP leader Subramanian Swamy seeking certain documents from the party and Associated Journals Limited (AJL) in the National Herald case.

Besides the Gandhis, Metropolitan Magistrate Lovleen also issued notices to other party leaders including Motilal Vora, Oscar Fernandes, Suman Dubey, and Sam Pitroda seeking their replies within two weeks, and posted the matter to October 4.

Swamy has sought documents relating to a loan given by the Congress to the AJL, the holding firm of the National Herald, saying these were necessary for the purposes of trial in the case.

He also sought certain documents from the Registrar of Companies (ROC) which were filed by the AJL and papers from the Department of Income Tax (DoT) in relation to income tax returns filed by AJL. The documents sought from the AJL included “authorisation by the members of the AJL to borrow monies in excess of its paid-up capital and free reserve of the AJL, relevant extracts from the books of accounts of AJL during the period of loan and documents by which the loan was converted into shares in the books of the AJL”.

Swamy, in his plea, also sought the documents from the Congress in the year in which the loan was written off.

The application was filed by Swamy after the Delhi High Court set aside the trial court’s orders summoning documents and the balance sheet of the Congress party for 2010-2011, holding that they were passed without hearing the opposite side and that the lower court orders violated the “principle of natural justice” and the right to life and liberty under the Constitution.

Swamy has accused them of allegedly conspiring to cheat and misappropriate funds by just paying `50 lakh by which Young Indian, a company formed in 2010 and owned by Sonia, Rahul, Vora and Fernandes, obtained the right to recover the `90.25 crore which the AJL owed to the Congress. But the AJL had `2000 crore properties. The Congress leaders misappropriated control of the AJL’s assets without paying any money to its shareholders, Swamy had alleged.

A Delhi court on Saturday asked Congress president Sonia Gandhi, party vice-president Rahul Gandhi, and other leaders to respond to a fresh plea of BJP leader Subramanian Swamy seeking certain documents from the party and Associated Journals Limited (AJL) in the National Herald case.

Besides the Gandhis, Metropolitan Magistrate Lovleen also issued notices to other party leaders including Motilal Vora, Oscar Fernandes, Suman Dubey, and Sam Pitroda seeking their replies within two weeks, and posted the matter to October 4.

Swamy has sought documents relating to a loan given by the Congress to the AJL, the holding firm of the National Herald, saying these were necessary for the purposes of trial in the case.

He also sought certain documents from the Registrar of Companies (ROC) which were filed by the AJL and papers from the Department of Income Tax (DoT) in relation to income tax returns filed by AJL. The documents sought from the AJL included “authorisation by the members of the AJL to borrow monies in excess of its paid-up capital and free reserve of the AJL, relevant extracts from the books of accounts of AJL during the period of loan and documents by which the loan was converted into shares in the books of the AJL”.

Swamy, in his plea, also sought the documents from the Congress in the year in which the loan was written off.

The application was filed by Swamy after the Delhi High Court set aside the trial court’s orders summoning documents and the balance sheet of the Congress party for 2010-2011, holding that they were passed without hearing the opposite side and that the lower court orders violated the “principle of natural justice” and the right to life and liberty under the Constitution.

Swamy has accused them of allegedly conspiring to cheat and misappropriate funds by just paying `50 lakh by which Young Indian, a company formed in 2010 and owned by Sonia, Rahul, Vora and Fernandes, obtained the right to recover the `90.25 crore which the AJL owed to the Congress. But the AJL had `2000 crore properties. The Congress leaders misappropriated control of the AJL’s assets without paying any money to its shareholders, Swamy had alleged.

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