HC dismisses pleas of Gandhis in National Herald case

December 7, 2015

New Delhi, Dec 7: In a blow to Congress President Sonia Gandhi and her son Rahul Gandhi, Delhi High Court today dismissed their pleas challenging summons issued to them in the National Herald case in which they have to appear before the trial court tomorrow.

Sonia-Rahul

"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 tomorrow, 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.

The court, in its judgement, has also questioned the need for extending interest-free loan to Associated Journals Ltd (AJL) the publishers of National Herald. "Where was need to extend interest free loan," it said.

The trial court had on June 26 last year summoned all the above accused to appear before it on August 7, 2014 on Swamy's complaint.

The Congress leaders had, thereafter, on July 30, 2014, moved the high court which had stayed the summons on August 6 last year. Thereafter, on December 15, 2014, the court had stayed the summons till final disposal of the petitions.

The summons were issued on a criminal complaint lodged by BJP leader Subramanian Swamy for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald.

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News Network
April 29,2024

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In yet another setback to the Congress party amid the ongoing Lok Sabha elections, its candidate from Indore Akshay Kanti Bam withdrew his nomination on Monday, April 29, days before voting.

Interestingly, he had reached the Collector's office with BJP MLA Ramesh Mendola to withdraw his nomination. He also reportedly joined BJP. 

Senior BJP leader and state cabinet minister Kailash Vijayvargiya in a post on X said Bam was welcome to join the BJP.

"Congress Lok Sabha candidate from Indore Akshay Kanti Bam is welcome in the BJP under the leadership of Prime Minister Narendra Modi, party national president J P Nadda, Chief Minister Mohan Yadav and state president VD Sharma," he said in the post.

The Congress had fielded Bam against sitting BJP MP Shankar Lalwani from the Indore Lok Sabha seat, where polling will be held on May 13.

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May 11,2024

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Out of jail and immediately hitting the campaign trail, Delhi Chief Minister Arvind Kejriwal on Saturday trained guns at Prime Minister Narendra Modi claiming that he will make way for Amit Shah next year when he turns 75 after sidelining all BJP leaders, including Yogi Adityanath, and jailing Opposition leaders.

Predicting that the BJP will be reduced to “220-230 seats” in the Lok Sabha polls, he claimed that Yogi Adityanath will be removed as Uttar Pradesh Chief Minister in two months if at all BJP returns to power to ensure Shah’s elevation as Prime Minister, as Modi himself has set the 75-year retirement rule in his party.

Accusing Modi of being dictatorial and seeking to implement ‘One Nation, One Leader’, Kejriwal insisted that the Prime Minister is not seeking votes for himself  and  people voting for BJP should know that they are not voting for Modi but Shah while wondering whether the latter would implement ‘Modi ki Guarantees’.

He also defended his decision not to resign as Chief Minister after his arrest, as it was a “trap” set by the Prime Minister to “finish off” AAP  and felt that JMM top leader Hemant Soren, who resigned as Jharkhand Chief Minister, also should not have quit his post.

Addressing a press conference that turned out to be a meeting of AAP supporters at the party headquarters here a day after he was released from Tihar jail on interim bail, he also asked Modi to “learn from Kejriwal on how to fight corruption”, as he referred to the induction of leaders who were accused of graft into the BJP. 

In his 20-minute address, which came after his visit to the Hanuman Temple in Connaught Place in the national capital, Kejriwal said Modi wants to crush his party as he knows that the AAP with its good work would replace the BJP.

If Modi does 'good work', no one will talk about AAP but people will not accept the attempts to decimate his party, which is working for the people, Kejriwal said.

“The Prime Minister says he fights against corruption but is inducting thieves and dacoits into his party. A leader who he described as one involved in a Rs 70,000 crore scam was inducted into the party ten days after Modi made the charges. If you want to fight corruption, learn from Kejriwal,” he said, citing instances of sacking and arrests of AAP ministers in Delhi and Punjab.

Warning that Opposition leaders like Mamata Banerjee, Tejashwi Yadav, NK Stalin and Uddhav Thackeray will be jailed by Narendra Modi if BJP wins, he said his arrest was meant to be a message to the country that if Kejriwal can be taken into custody, then anybody can be.

“People need to know, his mission's name is 'One Nation, One Leader'. To achieve this, there are two ways. One is to jail all Opposition leaders and the second is to sideline all leaders in BJP if they win. They have already sidelined L K Advani, Murli Manohar Joshi, Sumitra Mahajan, Shivraj Singh Chouhan who brought BJP back to power in Madhya Pradesh, Vasundhara Raje, ML Khattar…” Kejriwal said.

“Who is next in line? It is Yogi Adityanath. Take it in writing from me, if BJP wins, the UP Chief Minister will be changed in two months...He wants to crush democracy in this country. I am fighting against it," he said.

Referring to questions on who will be I.N.D.I.A. bloc's Prime Ministerial candidate, he said he has a counter question as Modi is turning 75 next September and he himself has set the retirement rule in the party.

“Now my question is who is BJP's Prime Ministerial candidate? If they can form the government, Yogi Adityanath will be first sidelined and then Amit Shah will be made the Prime Minister. Modiji is not seeking votes for him but for Amit Shah. Who will fulfil Modi's guarantees? Will Amit Shah fulfil it? I don't think they are going to form a government. But those who are going to vote for BJP should know that they are voting for Amit Shah,” he said.

Insisting that I.N.D.I.A. bloc will form the next government and that AAP will be part of it, Kejriwal promised full statehood for Delhi in such a dispensation. Emphasising that he did not resign when he was arrested because Modi had scripted it to finish off the party, he said he wanted to show that if democracy was jailed, it would run from jail.
 

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May 10,2024

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The Supreme Court Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal till June 1 in the excise policy case.

The top court, however, stated that it will be passing a detailed order over the matter soon.

On Thursday, the Enforcement Directorate had opposed the move to grant interim bail to Kejriwal saying that “any special concession” to him will “amount to anathema to the rule of law and equality… thereby creating two separate classes in the country viz. ordinary people, who are bound by the rule of law as well as the laws of the country, and politicians who can seek exemption from the laws”.

The ED had arrested Kejriwal on March 21 in the excise policy case.

“The right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right,” the ED said, maintaining that to its knowledge, “no political leader has been granted interim bail for campaigning even though he is not the contesting candidate”.

After the ED filed its affidavit, the AAP, in a press release, said, “The legal team of Delhi Chief Minister and AAP National Convenor, Shri Arvind Kejriwal, has raised strong objection to the affidavit filed by the Enforcement Directorate opposing interim bail in the Supreme Court.”

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