New Delhi: Congress President Sonia Gandhi and her son Rahul will not appear before the trial court on Tuesday in the National Herald case, said sources. Advocates for the Gandhis will seek issuance of fresh summons against them as the earlier summons have not been served to them.
Counsel for the Gandhis met in the morning to take a final call whether Sonia should appear in the court. However, Rahul has left for Chennai and Puducherry to meet locals who have been affected by the floods. Meanwhile, there is a scheduled meeting of Congress MPs which Sonia is expected to attend.
Bharatiya Janata Party leader and petitioner Subramanian Swamy has said he will move court to issue a warrant if the Gandhis do not appear in the court.
Making scathing observations on the "questionable conduct" regarding how they took control of the publication, Justice Sunil Gaur on Monday dismissed Gandhis' plea to quash the summons issued against them in the case. The court also turned down the request of Gandhis and five others for exemption from personal appearance in the case in the trial court, where it is listed for Tuesday.
Along with the Gandhis, five other accused--Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd--had challenged the summons issued to them by a trial court on a complaint by BJP leader Subramanian Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.
Meanwhile, counsels for the Gandhis will seek time to prepare a petition to be filed in Supreme Court challenging the Delhi High Court.
Swamy said the Gandhis are trying to cover up the case and they will face the full force of the law. "They have to be present in the court, or they will face a warrant. Sam Pitroda has a foreign passport. I don't know about Rahul. He is denying CBI inquiry," said Swamy.
The BJP leader has also filed a caveat in the apex court to pre-empt any ex-parte order on appeals likely to be filed by Sonia Gandhi and Rahul. "I have filed a caveat in the Supreme Court that in case they file any petition, it should not be heard and no order be passed without giving me an opportunity or without hearing me," he said.
The summons were issued on a criminal complaint lodged by Swamy for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald.
The Congress party had loaned Rs 90.25 crore to Associated Journals Ltd. (AJL), publisher of National Herald, and on December 28, 2010 it had assigned this debt to Young Indian Ltd (YIL), the charitable company, for Rs 50 lakh, which, according to Swamy, amounted to breach of trust and cheating.
Chronology:
January 2013: National Herald case filed by BJP leader Subramanian Swamy against Sonia and Rahul Gandhi, their companies and associated persons in a Delhi court.
June 26, 2014: Gandhis summoned as accused by a Delhi court in the criminal complaint for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald.
August 1, 2014: Delhi HC issues notice to Swamy on a batch of petitions filed by Gandhis and others in the case seeking stay on summons issued for August 7.
August 6, 2014: HC stays proceedings against Gandhis and others in the case.
December 15, 2014: HC extends stay till disposal of the appeals.
January 12, 2015: Judge recuses from hearing Sonia and Rahul's plea.
January 27, 2015: Supreme Court asks Swamy to make out a case for speedy trial in HC since petition cannot be heard directly.
December 4, 2015: HC reserves order on pleas.
December 7, 2015: HC refuses to quash lower court's summons to Sonia and Rahul Gandhi in the case.
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