Saying “let there be a fair trial,” the Supreme Court on Friday directed Congress president Sonia Gandhi, vice-president Rahul Gandhi and other accused party leaders to face criminal proceedings in the National Herald case, but exempted them from court appearance and expunged the Delhi High Court’s remarks prematurely pinning a criminal intent on them.
A Bench of Justices J.S. Khehar and C. Nagappan said the accused leaders were “prominent persons” and would not run away, and insisting on their court appearance would create chaos and lead to “more inconvenience than convenience.”
Besides the Gandhis, Motilal Vohra, Oscar Fernandez, Suman Dubey and Sam Pitroda are the other accused, and all of them are on bail.
They are facing charges of cheating and criminal breach of trust. All were to appear before the trial court on February 20.
The case concerns the purchase by Young Indian Private Limited of a Rs.90-crore accumulated debt owed by Associated Journals Private Limited (AJL) — which owns National Herald — from the Congress for a mere Rs. 50 lakh. The Gandhis own 38 per cent shares each in Young Indian, which is also an accused.
Swamy’s objection
Exemption was granted despite objections from BJP leader and complainant Subramanian Swamy, who, appearing in person, quoted the Supreme Court’s T.G.N. Kumar versus State of Kerala ruling that gave the magistrate the prerogative to grant the accused such a relief.
“But what difference does it make? Either we will grant them exemption or the magistrate will do so. Their appearance will only cause chaos,” Justice Khehar said.
“It is a chaos they created.... I go to court alone and I don’t carry people with me,” Dr. Swamy retorted.
“Mr. Swamy is so powerful that he can go alone and still create chaos,” senior advocate Kapil Sibal, appearing for the Gandhis, pitched in.
Mr. Sibal argued that the essential ingredient in the offences of cheating and criminal breach of trust was that only the aggrieved person had the locus standi to move court.
‘Swamy not a victim’
BJP leader Subramanian Swamy is not a victim and he can’t move court, senior advocate Abhishek Manu Singhvi said in the Supreme Court on Friday in the National Herald case.
He was appearing for Congress president Sonia Gandhi and vice-president Rahul Gandhi. His argument followed that of senior advocate Kapil Sibal, also appearing for the Gandhis, that the essential ingredient in the offences of cheating and criminal breach of trust was that only the aggrieved person had the locus standi to move court. “We have no great ideas of interfering. We are not happy with what the judge said. There will be a trial, and the remarks of the judge had prejudiced it,” Justice J.S. Khehar said.