The accused Congress leaders Sonia Gandhi, Rahul Gandhi and Motilal Vora filed a petition to restrain the “uncontrollable” petitioner Subramanian Swamy from tweeting about the National Herald case matters. The Congress lawyers filed the petition on Saturday during the starting day of submission of evidence by Swamy in the main case. The Additional Chief Metropolitan Magistrate Samar Vishal expressed disinterest on the petition first and later asked Swamy to file his views of this petition.
The petition attached photocopies of many tweets of Swamy calling Sonia as TDK (short form for Devil Tadaka character in Ramayan) and calling Rahul Gandhi as Buddhu (foolish guy). The Congress leaders said that Swamy has crossed all levels in freedom of expression and tweeting of the case matters is sub-judice.
“That the Applicant has time and again noticed that the complainant has been putting various posts in Social Media regarding the daily proceedings of the instant case for purpose of causing defamation of the accused and vilification of court process… Complainant (Swamy) has been indulging in loud and persistent publicity amounting to an interference with the administration of justice. Before and after every date of hearing he unleashes hostile publicity through tweets, posts in Social Media and/ or statements to the media.,” said Congress leaders demanding restraining Swamy from tweeting about the National Herald case.
The accused Congress leaders said that Swamy’s Tweets are detrimental to their rights to a fair trial. “The freedom of expression is an important right but such a right is not absolute in as much as the Constitution itself, while it grants the freedom under Article 19(1)(a), permitted the legislature to impose reasonable restriction on the right, in the interests of various matters, one of which is the fair administration of justice as protected by Contempt of Courts Act, 1971. Moreover when the matter is sub-judice, the complainant Swamy) has no right to comment on the day to day proceedings and transgress the settled parameters of fair trial,” said the three page petition attaching photocopies of many Swamy’s Tweets on Sonia Gandhi and Rahul Gandhi.
The petition also pointed out that Swamy had tweeted about the Rs.250 crores Income Tax fine on Young Indian. Congress lawyers argued that this was wrong on the part of Swamy to place the Income Tax documents, which were later kept in a sealed cover. The lawyers also produced Swamy’s Tweeting PGurus article on this regard:
Earlier in Delhi High Court and Supreme Court also the Congress lawyers produced several tweets of Swamy to argue that Swamy maintains personal vendetta and animosity against Sonia and Rahul. Judges did not entertain the production of the Tweets. This is the first time Congress leaders file a petition on this regard.
Coming out from Court, Swamy said that these people (Sonia and Rahul) are still in Emergency mindset and he will give a fitting reply. Within minutes Swamy went ahead, showing his anger by tweeting that Prime Minister Narendra Modi should go for medical checkup after Rahul Gandhi’s dramatic hugging inside the Lok Sabha on Friday. He said there would be chances of poisoning though hugging while keeping hidden syringe:
Namo should not have allowed Buddhu to hug him. Russians and North Koreans use the embrace technique to stick a poised needle. I think Namo should immediately go for a medical check to see if he has any microscopic puncture like Sunanda had on her hand
— Subramanian Swamy (@Swamy39) July 21, 2018
Earlier in 2011, UPA Government filed a similar petition to restrain Swamy during the 2G cases before the Supreme Court. The Government produced newspaper clippings of Subramanian Swamy’s speeches about sending Sonia Gandhi to jail and urging Italian foods in the menu of jails. The Judges dismissed the petition with a smile after the argument of Central Government’s lawyer P P Rao, who repeatedly sought “need of some sort of restriction on this person” who has no limits.
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