National Herald case: Sonia and Rahul object Swamy’s demand for production and admission of their own documents

Are the lawyers of the Gandhis in the National Herald case indulging in empty rhetoric?

Are the lawyers of the Gandhis in the National Herald case indulging in empty rhetoric?
Are the lawyers of the Gandhis in the National Herald case indulging in empty rhetoric?

With Congress leaders Sonia Gandhi, Rahul Gandhi and BJP leader Subramanian Swamy sparring and accusing each other, the May 5th hearing of the National Herald case is going to be an indicator of the forthcoming tussles in the high profile, politically sensitive case. Sonia and Rahul vehemently denied to produce the Congress party’s documents and their company documents as demanded by Swamy and even went to the extent of neither denying nor confirming their documents produced by the BJP leader.

“Let her just say, these documents were submitted by her in Supreme Court or deny. If deny I can file another case of perjury or contempt of court. You have no choice. Either admit or deny,” Swamy said.

Both sides traded charges for delaying the trial. “He wanted to delay the process and wanted to trade charges against us permanently by coming with new-new demands,” said the battery of Congress lawyers led by R S Cheema, Ramesh Gupta, and Rebecca John. Congress lawyers argued against Swamy’s demands the whole afternoon of more than two hours with Swamy intervening in between several times to provoke them. After heated and tit-for-tat arguments, Metropolitan Magistrate Samar Vishal posted the case to May 14 and Swamy is expected to start his replies.

“They (Gandhis) had submitted various documents in the Supreme Court. Now, I am asking them to confront the documents (in this court). The accused should stop wasting the court’s time and either admit or deny these documents,” Swamy said, reiterating that Sonia Gandhi should admit or deny whether these documents were hers.

“Let her just say, these documents were submitted by her in Supreme Court or deny. If deny I can file another case of perjury or contempt of court. You have no choice. Either admit or deny,” Swamy said.

The advocates appearing for the Gandhis, however, told the court that Swamy was wasting its time and delaying the trial by filing “unauthenticated documents” in the case. “The applications filed by the complainant are not proper. The documents which the complainant wants to be confronted are neither original nor certified. The court cannot even look at them.

“Every time when the complainant has to step into the witness box, he files a new application. Further, he wants summoning of documents but where are the witnesses who will authenticate them? We will admit or deny the original documents, not the photocopies. All these documents have been moved with the purpose to delay the trial and they must be dismissed,” said Congress lawyer Ramesh Gupta.

Swamy was aided by his legal team led by wife Roxna Swamy, Ishkaran Bhandari, Yatinder Chaudhary and Dilip Kumar.

“You just admit or deny is these are the documents you people submitted to Supreme Court by sworn affidavit. Then let us start the trial,” reiterated Swamy.

Regarding Swamy’s submissions that he had found certain documents related to the Income Tax department, lying along with newspapers at his doorstep, senior advocate Ramesh Gupta, quipped that it showed the breach in his security.

“This is the situation. He (Swamy) is a Z-plus security holder and nobody is able to protect his house[1]. Anyone can come and throw something,” Gupta said.

“But the same documents of Income Tax, fining your people of Rs. 250 crores are later submitted by you people in Delhi High Court against Income Tax,” said Swamy producing the High Court Orders[2] asking Congress party to pay first Rs.10 crore to appeal against Rs. 250 crore fine on Young Indian, the company owned by Sonia and Rahul. Swamy was aided by his legal team led by wife Roxna Swamy, Ishkaran Bhandari, Yatinder Chaudhary and Dilip Kumar.

According to legal experts, Congress leaders wanted to cross Swamy and drag the case out for a long time in crossing and Swamy’s idea is to bring documents first to cut short the crossing. According to senior lawyers, for the past one year, Sonia and Rahul are objecting tooth and nail on Swamy’s demand for production of documents of Congress balance sheets and accounts of the claim of giving Rs.90 crores to National Herald newspaper publishing firm Associated Journals and money flow to Young Indian[3]. Now Income Tax has found that Congress claim of funding AJL was a total lie and the object of Young Indian floating by Sonia and Rahul was to dubiously acquire the land assets worth more than Rs.2000 crores owned by the Associated Journals Limited.

References:

[1] National Herald case: Read 105-page Income Tax Assessment Order against Young Indian exposing Rs.414 crores gainJan 22, 2018, PGurus.com

[2] National Herald case: Why is Congress quiet on the IT fine of Rs.249.15 cr on Sonia-Rahul company? Mar 28, 2018, PGurus.com

[3] Sonia and Rahul object to summoning of documents in National Herald caseSep 18, 2016, PGurus.com

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22 COMMENTS

  1. First time when NH case came into public discourse and the case was taken up for hearing, I remember reading the news that the Congress lawyers wanted an adjournment to which the court asked Swamy and adjourned it to 20th Feb. Really wondering how even after 3 years and into the fourth year the case is still heard without any concrete outcome. Did I miss some important happenings in between?

    • you can find all the updates on our site,search site for National Herald case you will find all updates at 1 place

  2. This reminds me of the woman who refused to testify under oath have herself cross examined in my divorce case and the used this to obtain a tenty five year long stay in the Motherass High Court. India’s judiciary and other criminals create and exploit every loop hole.

  3. It is rightly said that Legislature Executive Judiciary and Media are four Pillars of Democracy.The Problem in India is while the Executive and Legislature are Responsible and Answerable to to the Citizens to some Extent like during Elections and scrutiny by the people the other Two the Judiciary and The Media are neither Responsible Nor Answerable to anyone and have literally turned into Rogues.

  4. I don’t understand how India’s judiciary function s.

    “DOCTORS VS JUDGES”:
    Judiciary should also come under CPA (Consumer Protection Act).
    –In the Salman Khan hit and run case the LOWER court judge and the HIGH court judge had the SAME pieces of EVIDENCE to deal with.
    –They also had the SAME Indian LAW to abide by and most probably they had similar educational qualifications too.
    –Yet, they INTERPRETED the situation in absolutely CONTRASTING manner and
    gave verdicts which are poles apart.
    –Just imagine what would have happened if a YOUNG doctor sitting in a GOVERNMENT hospital, catering to hundreds of patients in a day,had
    diagnosed a celebrity patient presenting with gastric discomfort as GASTRITIS and another hospital had LATER on diagnosed that patient to be having a MYOCARDIAL INFARCTION. I am sure that doctor would have been
    Prosecuted and jailed.
    –A JUDGE gets YEARS to decide on a case unlike a DOCTOR who is expected to diagnose and treat everything in the BLINK of an eye.
    –If a doctor making a wrong diagnosis can be prosecuted shouldn’t a judge giving wrong verdicts meet the same fate?
    –If hospitals can be sued for not admitting poor patients shouldn’t the courts be prosecuted for having lakhs of pending cases?
    –Is it not appalling that a judge taking 12 years to give a wrong verdict gets away unscathed and a doctor making one mistake is punished by our legal system?
    –Doctors practice medicine which is more of an art than an exact science, whereas law is absolutely 100% manmade, yet doctors are expected to be right on all occasions.
    –If doctors and hospitals have a duty towards the society then does the judiciary not have a responsibility towards society ?
    –If there is so much of hue and cry in media about doctors and hospitals charging huge sums from patients then why do we not ever hear a word on the
    fee that lawyers like Manu Singhvi and Jethmalani charge for their court appearances ?
    –Government often talks about putting a cap on the fees doctors charge for various procedures but there is no talk of putting a cap on the fees that these lawyers charge, win or lose, just to appear in court for their clients ?
    –If health is a citizen’s right then so is justice. Shouldn’t we take our minds off worshipping false heroes & think?
    The bottom line is :
    ***THE JUDICIARY MUST ALSO COME UNDER THE CPA (CONSUMER PROTECTION ACT)***
    KINDLY SHARE THIS FREELY AND EXTENSIVELY.

    • Nice.
      Every judge’s rulings and trial-conduct must be made subject to periodic peer reviews. A single judge deciding a case in a super corrupt India is a nonstarter in my view. Cases must be decided by a panel of minimum 5 judges in lower courts. This would in some sense capture the point of a jury trial too. This whole idea of making appeals, moving from lower court to higher courts is unwieldy in the fast moving 21st century.
      Thank you for putting out food for thought.

    • Nice. But who decides the verdict is correct or incorrect? As verdict always goes with the evidence produced. With doctor, the matter is evident as many doctors can examine it and put their observations and also patient can die acting like immediate evidence. But with judiciary that is not possible. But again, i guess the higher court judges can reprimand the decision of lower court.

    • madam , very well said and what is most interesting is that these so called judge make easy money for taking sides where as doctor don’t get anything of that sort.Indian justice system is farce.Honesty has taken back seat now unlike fifty years ago.In any case Doctors do a noble job,can not compare lawyers with them at all.

    • I agree with this 100%. Why seperate law for Judges and Doctors.
      Judges listen to the criminals
      Doctors listen to the pateints
      After analysis they take final descision..

  5. India is eagerly waiting to see the Italian mountain of corruption along with her conspirators enjoying in Thehar jail

  6. It is obviously that the role of the magistrate to make a call on the deception of the Congress lawyers. All that is needed is for the Magistrate is to force Sonia and Rahul’s lawyers to accept or deny the documents. To say that photocopies cannot be accepted or denied clearly show their dubious stand and this is where judges make their stand. Lets see what happens on the 14th May; not to decide on the case as much as to decide whether the magistrate is compromised!

  7. Gandhi’s want to delay court proceedings till 2019 elections. They have been assured by their cronies that in 2019 Rahul will. Be PM.

  8. Very sorry for sounding very Pessimistic but I really feel that nothing is going to happen to Sonia Rahul Chiddu Vadra or infact to anyone in these Corruption cases.Our Legal system and Judiciary is so much compromised that Final hearing in these cases could be sometimes in the year 2100 or thereafter.Sorry Dr Swamy.PGurus it is all waste of Efforts for you and Hope for us.Pathetic to say Least.

  9. There is clear indication of criminality in the NH case involving the mother son duo and as the IT records have a strong evidence value, can not the court take suo moto notice and order the IT dept. to produce the documents to them to serve the cause of justice? Should the Govt., courts and other agencies meant to ensure proper system of good governance and justice not step into the case ? Is it the duty of an individual alone who is fighting corruption at high places to fight a lone battle?

  10. I believe time is running out….. Congress is playing delaying tactics thanks to their legal team…. But the court is silent on the matter…..? these crooks need to be behind bars without further delay.

    • WHY DO WANT TO HIT IN THE STOMACH OF FAKE LAWYERS. if the defendants say that the loan has been given by the congress party. it has become a party to the case and as such the prosecutor can ask for records of the relevant period.

  11. While the legal aspects of the case is adjudged by appropriate courts, is it not clear that the Ma-Beta had usurped public property and used Congress party as their vehicle in the process? The fact that no other Congressi questions the duo clearly indicates that Congress is not a political party, but a family property of the duo and all Congressis are bonded labourers!

  12. Problem with Hindus is many are working just for money . This money they make from criminals they never enjoy .

  13. Why India don’t have honest lawyers who work for criminals, why good layers work for money not for nation . Lawyers working for Sonia in next life will be working for criminal as again .

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