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National Herald Case: Gandhis Move SC Over HC Verdict

The trial court had issued summons to the Gandhis and others based on a complaint filed by BJP leader Subramanian Swamy.

Published: 05th February 2016 04:16 AM  |   Last Updated: 05th February 2016 04:39 AM   |  A+A-

Sonia Gandhi_rahul Gandhi_AFP

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

NEW DELHI: Congress president Sonia Gandhi and vice -president Rahul Gandhi on Thursday moved the Supreme Court against the Delhi High Court verdict dismissing their appeal to quash the summons issued to them by a trial court in the National Herald case.

In their petition, the Gandhis contended that the high court judge had conducted a ‘roving’ enquiry into the allegations of a ‘general nature’ without examining what offences were alleged to have beeen made out prima facie. Sonia Gandhi, in her petition, stated that the complaint in the case was filed with the objective of defaming her. She said the complaint and summons, if not quashed, would cause irreparable damage to her reputation.

The trial court had issued summons to the Gandhis and others based on a complaint filed by BJP leader Subramanian Swamy of alleged cheating and breach of trust in the acquisition of the now-defunct National Herald by Young Indian Limited (YIL), which is registered as a charitable company and in which they own a stake as directors.

The Gandhis and others appeared before the trial court on December 19 when they were granted bail. The magisterial court then fixed the matter for further hearing on February 20 when they will have to appear in person again unless the apex court grants them interim relief.

The petition stated that the high court order lacked objectivity, judicial restraint and adherence to the settled principles of law. Besides the Gandhis, Motilal Vohra, Oscar Fernandez, Suman Dubey, Sam Pitroda and Young Indian Limited challenged the summons. The appeal raised 17 questions of law for consideration of the apex court.

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