BackNational Herald case: SC exempts Sonia, Rahul Gandhi from personal appearance
However, the apex court refused to interfere with the proceedings of the trial court.
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New Delhi: The Supreme Court on Friday allowed Congress president Sonia Gandhi, vice president Rahul Gandhi and four others exemption from personally appearing in a trial court hearing a case of alleged misappropriation of funds at the defunct National Herald newspaper.
However, the apex court refused to interfere with the proceedings of the trial court.
“In the peculiar facts and circumstances of this case and the position occupied by the petitioners, we are of the view that the presence of the petitioners before the trial court would cause more inconvenience than convenience," said a bench comprising justices J.S. Khehar and C. Nagappan.
The trial court can seek their appearance as and when required during the proceedings, the bench said.
The ruling provides a measure of relief to the Gandhis, who moved the apex court after the Delhi high court asked them to appear before the trial court in the National Herald case. Trial court proceedings are due to begin on 20 February at the Patiala House court.
“So far as determination by the Delhi high court in rejecting the prayer for quashing the proceedings against the petitioner, we do not find justification for interfering with it," the apex court bench said.
The case concerns the legality of a loan assigned by Congress-owned Associated Journals Ltd, former publisher of the National Herald, to Young Indian Pvt. Ltd.
In a complaint, Bharatiya Janata Party (BJP) leader Subramanian Swamy alleged that the party loaned ₹ 90 crore to Associated Journals and on 28 December 2010 it assigned this debt to Young Indian, a charitable company, for ₹ 50 lakh. This, according to him, amounted to breach of trust, cheating, fraud and misappropriation of funds.
Accused in the case along with the Gandhis, are Oscar Fernandes, Suman Dubey, Sam Pitroda and party treasurer Motilal Vora who all have been granted exemption from personal appearance in the proceedings as well.
“Indian National Congress has complete faith in judiciary and judicial process. Millions of Congressmen and women have a deep sense of satisfaction (that) ends of justice having been met with the decision of Supreme Court today in National Herald case," Randeep Surjewala, chief spokesperson of the Congress party, said in a statement.
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