Within ten minutes of hearing, the Patiala House Courts granted Congress president Sonia Gandhi and vice-president Rahul Gandhi bail in the National Herald case on Saturday on a personal bond of `50,000 each.
The next hearing is on February 20.
A local court rejected complainant Subramanian Swamy’s opposition to the relief for the Gandhis on the ground that they are influential and can flee the country. The court said the offences at this stage are without any evidence and the charges cannot be considered serious in magnitude.
No personal exemption was granted to any of the accused.
The Gandhis are among six people accused of trying to illegally acquire real estate worth thousands of crores which belonged to the National Herald, a now-defunct newspaper founded by former Prime Minister Jawaharlal Nehru.
Amid media hype and hoopla and tight security, Sonia and Rahul and three other accused — Motilal Vora, Oscar Fernandes and Suman Dubey — appeared before Metropolitan Magistrate lovleen in the Patiala House Courts complex in pursuance of the summons issued to them on December 8.
One of the accused Sam Pitroda was not present as he was stated to be unwell.
The proceedings started at 3 pm in the court of Metropolitan Magistrate loveleen.
Former Prime Minister Manmohan Singh and Priyanka Gandhi were also present in the court to show solidarity with their leaders. While Sonia seemed to be tensed all throughout the proceedings, Rahul was seen smiling.
All prominent Congress leaders — including Sheila Dikshit, Ahmed Patel, Ajay Maken, Ambika Soni, Kumar Shailaja, Mallikarjun Kharge Ashwani Kumar, Ghulam Nabi Azad, BK Hariprasad and Jatin — were also present.
The proceedings began after senior lawyers and Congress leaders Kapil Sibal, Abhishek Manu Singhvi and RS Cheema moved the bail application for the Gandhis.
In his submission, Sibal said, “Under Section 304 of the CrPC, Swamy, the complainant has not produced the list of documents that he is relying upon and also the list of witnesses has not been given to us and thus, their clients should be given bail.”
To this, Swamy objected and said their (Gandhis) bail application should be rejected and passports should be seized so that they don’t leave the country. Swamy’s statement made everyone laugh and on this Sibal said, “No…they won’t leave.”
After hearing arguments from both the parties, Metropolitan Magistrate loveleen granted bail to the accused saying the case is based on a private criminal complaint lodged by Swamy against the accused in case of cheating, conspiracy and criminal breach of trust.
“The accused are reputed persons having deep political grassroots and there is no apprehension that they will flee,” the Magistrate noted while granting them bail on furnishing personal bond of Rs 50,000 each and one surety.
Also, Sibal has asked orally about personal exemption which the Magistrate refuted and said, “Today (Saturday) give only the bail application.”
After the court order, former Defence Minister AK Antony stood surety for Sonia, while Priyanka Vadra gave surety for her brother Rahul. Ghulam Nabi Azad stood surety for Oscar Fernandes and Ajay Maken for Suman Dubey. BK Hariprasad stood surety for Moti lal Vora. The other accused Sam Pitroda was granted exemption from personal appearance only for Saturday on medical grounds.
After the court proceedings ended a smiling Sonia followed closely by Rahul emerged out of the court. Both Sibal and Singhvi told reporters after the proceedings that the court rejected Swamy’s plea and gave bail to the leaders.
The National Herald came into light in 2012, after Swamy filed a case against Sonia, Rahul, Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda accusing them of cheating and misappropriating funds in acquiring the ownership of now defunct National Herald newspaper.
Before its closure, the paper was run by Associated Journals limited (AJl). In 2009, Sonia ordered the closure of the defunct paper.
On June 26, 2014, a trial court issued summons to the Congress leaders on Swamy’s complaint about “cheating” in the acquisition of AJl by Young India limited, a firm in which Sonia and Rahul each own a 38 per cent stake.
The two leaders then approached the Delhi High Court seeking a stay. The High Court had refused to stay the summons, and asked all of the accused to appear for a hearing. In this hearing at Patiala House court on December 8, the Metropolitan Magistrate ordered them to appear before the court which the Gandhis followed.