New Delhi: In a big blow to Congress president Sonia Gandhi and party vice president Rahul, the Delhi High Court on Monday turned down their plea to quash summons against them in the National Herald case. Both Sonia and Rahul will have to appear before the trial court on Tuesday.
"Petitions are dismissed," Justice Sunil Gaur said in his judgement while also declining another of their plea for exemption from personal appearance in the lower court.
The Gandhis and the other five accused - Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd - will have to appear in the trial court on Tuesday, before which the case will come up.
It also refused to extend the August 6, 2014 interim order by which the summons were stayed.
"No," Justice Gaur said in response to oral pleas by senior advocate Harin Raval, appearing for the accused, that either an exemption from personal appearance be granted or the August 6, 2014 order staying the summons be extended.
Rahul and Sonia can file an appeal in the Supreme Court seeking a stay on the high court's order and exemption from personal appearance in the court.
Bharatiya Janata Party leader Subramanian Swamy, who is the petitioner in the case, said, "After listening the whole case, court has decided that petition of Rahul and Sonia should be quashed and they should appear in the trial court. If Rahul and Sonia goes to Supreme Court, I am prepared for that."
Hailing the order, BJP leader Nalin Kohli said, "This verdict shows that everybody is equal in eyes of the law. The trial court is looking at the matter and Congress cannot just dismiss as it does not suit them."
The Congress is, however, positive on coming clean in the case. "The Congress is certainly not rattled as we all are aware of the facts. We are very sure we are coming out of it clear. Our legal counsel will advice what to do next," said Congress's Renuka Chowdhary.
Backing Chowdhary, party spokesperson Abhishek Manu Singhvi said, "We will appeal against the High Court order. We believe there is substantive merit in the quashing petition (against summons) that we had filed."
Sonia and party Rahul were summoned in the case in June 2014 after Swamy had filed a complaint accusing them of cheating and misappropriation of funds in acquiring ownership of the now-defunct English daily National Herald.
Swamy alleged that Sonia and Rahul floated a firm called Young Indian Company which bought Associated Journals, publisher of National Herald. In 2008, National Herald was shut down by Sonia.
Swamy claimed that Congress funds were used to help Young Indian own Associated Journals. He further claimed that Sonia, Rahul also aimed to grab property worth crores belonging to Associated Journals. Swamy claimed Young Indian acquired ownership of AJL real estate assets of at least Rs 2,000 crore.
Gandhis are directors of Young Indian and own 76 per cent stake in it. The remaining shares are owned by Motilal Vohra, Oscar Fernandes, Suman Dubey, Sam Pitroda.
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