New Delhi : After two days of arguments, Justice V K Vaish of the Delhi High Court has granted an interim stay on the proceedings of the National Herald case in the lower court. This comes as a relief to the Congress president Sonia Gandhi, her son Rahul and others accused in the case who had all been summoned to appear before the court on August 7.
Senior counsel Kapil Sibal and Abhishek Manu Singhvi ( both Congress leaders) appeared on behalf the Gandhis and others, seeking to set aside the complaint filed by BJP leader Subramaniam Swamy alleging that there was cheating and
misappropriation of funds in acquiring Associated Journals Ltd, the company that publishing the defunct National Herald newspaper, by a company Young India Ltd.
A lower court had issued summons to the Gandhis and other shareholders of Young India, but Sibal argued in the court: ‘‘The issuance of process in this case is shocking and out of order to say the least and no illegality can be found either in the facts or the law.”
It was pointed out that Young India is a section 25 company and under the law it is a not a profit entity and the shareholders cannot gain anything from it in terms of salary or profits. “The basic ingredients of the offences have not been met. There may be allegations in the complaint, but there is no evidence to support them,” he argued.
The case would now be heard on August 13, when the complainant Swamy would be heard. He had argued that the interim stay should not be granted and the accused should be asked to appear before the lower court. Ever since the matter has surfaced in public domain, the Congress has described it as politically motivated with the objective of wreaking vengeance.