Court Asks Rahul Gandhi and Sonia Gandhi to File Response in National Herald Corruption Case
Court Asks Rahul Gandhi and Sonia Gandhi to File Response in National Herald Corruption Case
Although Congress claims that it is a fabricated case in which its top leaders are being implicated, the party has not given any explicit proof of their innocence.
By Rakesh Raman
The Delhi High Court has asked Congress leaders Rahul Gandhi and Sonia Gandhi – along with petitioner Subramanian Swamy – to file a short note on the submissions in the National Herald case.
According to a Business Standard report of July 22, Justice Neena Bansal Krishna directed them to file the written note on the arguments along with a fee of Rs. 15,000 within four weeks and listed the matter for arguments on October 29, 2024.
The high court was hearing a petition filed by Swamy who sought to lead evidence before the trial court in the National Herald case, in which the Gandhis and a few other Congress leaders are accused.
The Business Standard report adds that on February 22, 2021, the court had issued notice to the Gandhis, All India Congress Committee (AICC) general secretary Oscar Fernandes (since died), Suman Dubey, Sam Pitroda, and Young India (YI), to seek their response on Swamy’s plea and stayed the proceedings in the case.
The court said on July 22 that the interim order of stay shall continue till the next date of hearing in the matter.
National Herald Corruption Case
The Enforcement Directorate (ED) of India – which investigates financial crimes – had asked Congress leader Rahul Gandhi to appear before it on June 13, 2022 for questioning in a money laundering case.
Earlier, he was called on June 2. Since Rahul Gandhi was out of the country, he had asked for a revised date. His mother Sonia Gandhi was asked to appear in this case on June 8, 2022.
Both Congress leaders were being questioned by ED in the money laundering case linked to the National Herald newspaper. The probe agency recorded the statements of Congress leaders under criminal sections of the Prevention of Money Laundering Act (PMLA) for the alleged financial irregularities in their closely held company, Young Indian.
The National Herald is published by Associated Journals Limited (AJL) and owned by Young Indian. Although Congress claims that it is a fabricated case in which its top leaders are being implicated, the party has not given any explicit proof of their innocence.
In 2018, the Delhi High Court had dismissed the petition filed by AJL linked with Congress and observed that the order passed by the government justifies the re-entry of the premises at 5-A, Bahadur Shah Zafar Marg, New Delhi.
According to a statement released by India’s Ministry of Housing & Urban Affairs, the court has further ordered that there is no impediment in the way of the government to invoke the provisions of PP Act [ The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ] to seek eviction and vacant possession of the property within a period of two weeks by 03.01.2019.
Case Against Rahul Gandhi and Sonia Gandhi
The case – filed by an Indian politician Subramanian Swamy against Congress leaders Sonia Gandhi and her son Rahul Gandhi, and others – is known as the National Herald (newspaper) corruption case.
The government statement added that 0.3365 acre of land was allotted to AJL in Delhi in 1962-63 at a concessional rate of Rs. 1,25,000 per acre for construction of a five-story building (in addition to basement) for purpose of press on the ground floor and offices on other floors.
However, according to the statement, complaints were received regarding misuse of the land. It was found by the inspecting team of the ministry on April 9, 2018 that no printing press was functioning at any floor of the premises and no paper stock was found anywhere.
In earlier inspection also, the basement where the press machine should have been, was found vacant. Further, the statement adds that it was also found that almost all shares of AJL were transferred to Young Indian having the same address as that of AJL without any permission of the ministry.
As per a report of Income Tax Department, in Young Indian company, majority of shares (76%) are held by the Gandhi family and the rest by other Congress leaders Motilal Vora and Oscar Fernandes.
It was also observed that instead of using the land given to AJL for press purposes, they are earning a huge sum of money by renting out almost the entire building except one floor which has negated the purpose for which the land was originally allotted.
Since all these violations came to the notice of the government, Show Cause Notices were issued to AJL on June 18, 2018 and again on September 24, 2018.
As AJL could not give any satisfactory reply to these violations, an order for re-entry of the premises was issued by the ministry on October 30, 2018. Against this order, the AJL had gone to the Delhi High Court which pronounced its order in December 2018.
As per the complaint filed in the court of the Metropolitan Magistrate, AJL took an interest-free loan of Rs. 90.25 crore from the Congress party. It is alleged that the loan was not repaid.
A closely held company, Young Indian, was incorporated in November 2010 with a capital of Rs. 50 lakh and it acquired almost all the shareholding of AJL and all its properties (alleged to be worth Rs. 5,000 crore).
Subramanian Swamy had alleged criminal misappropriation by both Sonia Gandhi and Rahul Gandhi. The courts had determined that a prima facie case was established in the matter.
By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of the humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.
