Observing that Congress president Rahul Gandhi and his mother Sonia Gandhi-headed firm Young Indian engaged in clandestine ways to acquire the National Herald newspaper publishing firm AJL’s assets, Delhi High Court’s Division Bench ordered the immediate eviction of Herald House, the headquarters of the media organisation.
Upholding the Single Bench’s verdict of rejecting AJL’s appeal against eviction order, the Division Bench headed by Chief Justice Rajendra Menon and Justice VK Rao said that there was “press activity” in Herald House and violated and misused many norms and lease conditions.
In a 63-page judgment, the Bench observed that with just Rs 50 lakh, the Young Indian in “clandestine and surreptitious way” got the control of the Rs 400 crore with Herald House, by giving the timeline of transactions, how AJL’s more than 99 percent shares were taken over by the newly floated firm controlled by Sonia and Rahul. In December 2010, Justice Sunil Gaur ordered for the eviction of Herald House. The AJL was represented by Congress lawyer Abhishek Singhvi and the Urban Development Ministry were represented by Solicitor General Tushar Mehta.
“If all these factors are taken note of and a decision is taken by the respondents (Centre) to say that the dominant purpose for which the lease was granted has been violated and there has been misuse of the conditions of the lease, in the absence of mala fides or ulterior motive having been established, the writ court has rightly refused to interfere into the matter.
“We also see no reason to make any indulgence into a reasonable order passed by the writ court in the facts and circumstances of the present case,” the bench said. It said no ground is made out for making any indulgence into the matter and “we dismiss the appeal”.
The Congress leadership is expected to appeal to Supreme Court soon as a last resort. Already Supreme Court is hearing the appeal of Sonia and Rahul against the Income Tax fine of more than Rs 400 crore in the National Herald case. Meanwhile, in the main case in trial court, petitioner Subramanian Swamy’s cross examination by Congress lawyers will resume on March 30.