With the second public hearing in a case of cheating and criminal breach of trust in the National Herald case drawing near, accused Congress president Sonia Gandhi urged the Supreme Court on Thursday to recognise her “deep roots in society” and quash the “politically motivated” criminal proceedings before irreparable damage is done to her reputation.
Moving the court with the other accused Congress leaders, including her son and party vice-president Rahul Gandhi, Ms. Gandhi sought a stay on a December 7, 2015 order of the Delhi High Court. The High Court had not only refused their request to stay the summons of the trial court but also went on to brand the case as “one of its kind where the probity of the legendary Congress party is under scanner”. The Single Judge Bench of Justice Sunil Gaur had observed in its 20-odd page order that it would be “preposterous” to deny criminality in transactions that perhaps left lakhs of citizens who donated to the party feeling “cheated”. The accused leaders had then made a personal appearance in the trial court, which granted them unconditional bail before posting the case for February 20.
In her petition before the apex court, Ms. Gandhi said “she was the president of the Congress since 1998 and served as the Chairperson of the UPA government in the Lok Sabha”.
She said the complainant in the case, BJP leader Subramanian Swamy, was using the court as a forum to play politics against her and that she should would suffer “irreparable injury” if no interim relief was given at this point.
The petitioner-accused wondered how the High Court had proceeded to consider the probity of a political party when it was not even arraigned as a party in the proceedings and actions of the Congress party were not under consideration.
In her petition, Ms. Gandhi contended that the single judge “conducted a roving enquiry into allegations of a general nature without examining what offences are alleged to be prima facie made out”.