National Herald case – Sonia and Rahul object to production of Income Tax and Herald House eviction notices

Lawyers for the accused try more delay tactics in the National Herald case

December 24, 2020

Income Tax and Urban Development Ministry documents expose the frauds in National Herald

Congress leaders Sonia Gandhi and Rahul Gandhi on Wednesday objected to BJP leader Subramanian Swamy’s demand for production of Income Tax notices and Urban Development Ministry’s notices in the National Herald case. Instead of producing the documents served to the accused persons which they already produced in Delhi High Court and Supreme Court, the Congress leaders in their objection affidavit said that Swamy is trying to delay the process and his demand petition was vague in nature.

For more than two years from July 2018, Congress leaders are spending time cross-examining Swamy and in the affidavit, they said that the demand for other process and approval of the list of witnesses can be filed later after the current process. At present, the Income Tax notice of more than Rs.400 crores tax evasion and eviction of Herald House is pending before the Supreme Court. In both cases, Congress lost the case in Delhi High Court and now the appeals are pending in the apex court.

Swamy also sought summoning of journalist J Gopikrishnan also as a witness. Rahul Gandhi earlier wrote to the journalist that there is no re-launch of the newspaper.

“The present application is liable to be dismissed being totally vague; tainted by inordinate delay and dilatory in nature,” the counsel appearing for the accused said. “The present application is also liable to be dismissed as the present application does not conform to the relevant provision,” the counsel told Additional Chief Metropolitan Magistrate Sachin Gupta. In reply to the application, the accused said that while it was the legal right of Swamy to submit a list of witnesses sought to be summoned by him, the court was not conducting a “roving inquiry”.

“The complainant has not submitted any list of witnesses even though the recording of pre-charge evidence had commenced on July 21, 2018, when the complainant himself stepped into the witness box. Needless to say that the application has to satisfy the procedure prescribed by law,” said the Congress leaders objecting to Swamy’s demand for production of documents and witnesses.

Reacting to Congress leaders’ objection, Swamy said that why they object on producing the Income Tax and other notices to them and asked to agree for the day-to-day hearing?

Let them agree to day to day hearing. Why are their counsels objecting even to their own documents filed in SC and documents of Income Tax Authorities served on them for prosecuting Tax evasion?

— Subramanian Swamy (@Swamy39) December 23, 2020

Income Tax and Urban Development Ministry documents expose the frauds in National Herald and that is why Congress leadership is objecting the production of these documents in the trial court. PGurus have published the Income Tax documents exposing the huge tax evasion of more than Rs.400 crores by Sonia and Rahul controlled company Young Indian. The 105-page Income Tax findings can be read here and the Income Tax findings are ratified by Delhi High Court already[1].

The application moved by Swamy had sought summoning of Secretary-General Sanjeev S Kalgaonar (Registry officer) Supreme Court of India, Rajnish Kumar Jha (Dy Land & Development officer), Saket Singh, Deputy Commissioner of Income Tax Circle-1 and a Congress official who issued a press statement on November 2, 2012. Swamy also sought summoning of journalist J Gopikrishnan also as a witness. Rahul Gandhi earlier wrote to the journalist that there is no re-launch of the newspaper.

There are seven accused in the case – Sonia and Rahul Gandhi, senior Congress leaders Oscar Fernandes, Suman Dubey, Sam Pitroda and Motilal Vora, who recently passed away, and the company Young Indian.

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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