National Herald case: Sonia, Rahul move SC

Swamy trying to defame, says Congress president

Congress leaders Sonia Gandhi and Rahul Gandhi on Thursday approached the Supreme Court seeking direction to quash a complaint filed by BJP leader Subramanian Swamy in the ‘National Herald’ case.

In their separate petitions, the top Congress leaders also sought direction to set aside the December 7 order of the Delhi High Court directing them to face the criminal prosecution for the offences of cheating, breach of trust, misappropriation of funds and criminal conspiracy.

In her petition, Sonia said she had deep roots in society as also the president of the Indian National Congress  since 1998 and served as the chairperson of the UPA government in the Lok Sabha, and will suffer irreparable injury if the interim relief is not granted.

Sonia also expressed her apprehension that the complaint filed by Swamy was to defame the Congress leaders and to use the court for political purposes.

Contesting the charges of Swamy, Sonia contended the complainant had miserably failed in his attempt to show that the Associated Journal Ltd  (AJL) was converted into a real estate company.

“The real object of the complainant is to ensure unwarranted adverse publicity rather than pursue a legitimate prosecution,” she claimed, adding the complainant carefully ensured that no person was called from the Congress, whose members were allegedly cheated, or from amongst the shareholders of AJL, were called to depose in the case.

The finding of the high court that the shareholders of the AJL were marginalised in the extraordinary General Meeting held in November 2011 was totally beyond pleadings and contrary to the record.

She described the high court’s conclusion that a political party could not donate or contribute to a publishing company as wholly fallacious, imaginary and unwarranted.

“Any creditor, be it a bank or a political party or a private person can waive or settle or assign a loan. It is conveniently not explained how such an insinuation would attract the allegations of cheating or fraud,” the petitioner contended.