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:[1]
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.
References:
[1] National Herald case: Read 105-page Income Tax Assessment Order against Young Indian exposing Rs.414 crores gain – Jan 22, 2018, PGurus.com
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[…] Congress leaders file petition to restrain Subramanian Swamy from tweeting on National Herald – Jul 21, 2018, […]
[…] Congress leaders file petition to restrain Subramanian Swamy from tweeting on National Herald – Jul 21, 2018, […]
They should called as criminal monster who looted the country for the last 3 decades. Also staying in India they are doing atrocious things in India. These Italian mafia are humans they are worst than monsters and Rahul Vinci is nothing like idiot and senseless character
But why did congress spokespersons hold press conferences over J.Loya’s case when it was being heard in Supreme Court and was thus sub judice? If cosistency is the virtue of pigs, inconsistency is the tra it of monkeys! Is that the excuse for congress for its inconsistency in these cases?
NSC AND NSG AND HOME MINISTRY, AND PARLIAMENT AFFAIRS MINISTRY AND LOKSABHA SACHIV SHOULD FILE THE LITIGATION CASE AGAINST MR RAHULJI GANDHIJI FOR HUG TO PM SHRI NARENDRA DAMODHARDASJI MODI ON 20TH JULY 2018 AT NOON IN LS .and rahul HE SHOULD TAKE FOR JUDICAL inquiry
Saanch Ko aanch nahi hoti hai,agar TDK aur buddhu Satya ke marg per hai to ghabara kyo rahe hai. Yeh Janta saanch aur jhoont mai khud antar pahchan legislation.
Khangress is upset on the wide circulation of Dr. Swamy’s tweets in public media will damage their political chances during the forthcoming elections.
Dr. Swamy is only educating the public on the updating of the court case. There is nothing wrong in it. It is a freedom of expression, which Khnagress should be happy about it.
When there is proposal to telecast live proceedings in HC and SC, restraining a petitioner to update the proceedings is incorrect. In fact every petitioner should update their agony in courts so that public are aware how justice system works in India. Further,every court should display the No of days elapsed since the W/P is filed as in a foot ball match.
I think concept of sub-judice is not applicable in India. It is applicable only where juries are involved in the case matter. As juries are ordinary citizens they might get influenced by such comments or publicity hence the concept of ” sub- judice” is appropriate, but where only learned judge/s are going to hear the case no such influence is possible, hence no question of matter being sub- judice.
Hilarious! Kindergarten kids complaining to the teacher.
Gone are the days when news opened with your grandmothers propaganda or the newsreels in movie theatres showing your grandmother prancing with the North East locals. You crooked Congi morons, you don’t control new/information anymore. Wake up it is the 21st century! Live with it!
The accused Congress leaders said that Swamy’s TWEETS are detrimental to their rights to a fair trial??!!
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I say you Congress’ DEEDS have already proved detrimental to the nation – paralyzing our economy & culture
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TWEETING, BLOGGING are fundamental rights of FREE SPEECH & EXPRESSION OF ONE’s VIEWS.
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I assert no court has the right to block such TWEETS unless there is a reasonable apprehension such TWEETS will lead to RIOTS or LAW & ORDER PROBLEM
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If Dr. Swami mentions TDK, why do you Congressis link it with Sonia. It shows you consider to be a TDK!!
Similarly are you admitting that the slang BUDDHU applies fully well to Rahul Gandhi??!!
Mother and son are really rattled. Problem is Advocates have no courage to advice them to refrain from frivolous petitions
Nobody Congi can restrain my leader Dr Swamy who speaks truth.For some truth will hurt.So be it.