The Delhi High Court on Friday reserved its verdict on the politically sensitive National Herald case, filed by Congress leaders — Sonia and Rahul Gandhi — for quashing the summons issued by trial court. The 16-month-long arguments in the case saw one after another three judges hearing the matter. The matter ended with the arguments of main petitioner and BJP leader Subramanian Swamy who made forceful plea for dimissing the congress leaders demand to stay the trial court order. This was contested by Congress’ lawyers led by Kapil Sibal and Abhishek Singhvi.
The two-hour long arguments in the thickly packed court room witnessed frequent sparring between Swamy and Sibal and intervention by Justice Sunil Gaur.
Justice Gaur at one point observed that Congress could have written off the loan of Rs 90.25 crore owed to it by the publishers of National Herald, instead of assigning it to a charitable company in which some of its leaders are directors.
In response, Senior advocate Kapil Sibal, appearing for the Gandhis, said the loan was assigned to “clean the balance sheets of AJl” and to revive the company so that it can borrow money from the banks and run on its own.
“We have plans to revive National Herald newspaper,” said Sibal. Hearing this, Judge asked when is the revival plans going to happen. “We can’t publicise our plans now. This man (Swamy) will come up with another petition,” quipped Sibal.
Summing up his arguments in more than an hour, Swamy pointed out there was an inordinate delay of 16 months in the High Court for disposal of the case. He said that the Supreme Court had already issued directions that the High Courts should have to take decisions within six months. “The High Court has to only decide whether there is any illegality in the summoning order of trial court. let the parties test all these arguments in the trial court,” said Swamy urging for dismissal of Sonia and Rahul’s petitions.
He also pointed out that new under Section 8 of the Companies Act companies like Young Indian can convert themselves into commercial entities.
Sibal, Singhvi and RS Cheema rebutted the points made by the Swamy before the Judge reserved for verdict.
At one point Singhvi pointed out that the BJP also runs newspapers and Swamy should concentrate on its irregularities. “Yes, the BJP is also running newspapers and it belongs to BJP always. let us assume this Sibal becomes president of Congress, will Sonia Gandhi hand over Rs 2,000-crore worth assets of National Herald paperIJ” Swamy shot back, leading to Judge calling of ending of arguments.
Metropolitan Magistrate Gomati Manocha had summoned the Congress leaders in June 2014 on Swamy’s petition. Sonia and Rahul approached Delhi High Court for quashing the order in August 2014. Justice VP Vaish, the first judge who heard the case recused from the case in January 2015 and the second Judge Sunil Gaur shifted on August 2015 and the case was assigned to another Judge PS Teji. In September, Sonia and Rahul petitioned that the case should be continued to be heard by Justice Gaur again and he resumed hearing from October.