National Herald Case: Trial court orders Sonia Gandhi, Rahul to appear before it on December 19
National Herald Case: Trial court orders Sonia Gandhi, Rahul to appear before it on December 19
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.

New Delhi: Congress President Sonia Gandhi and her son Rahul have been asked by the Patiala House Court to appear before it on December 19, the next date of hearing in the National Herald case. The Gandhis' counsels moved an exemption application saying the Congress leaders are willing to appear on any other date except today as they have their pre-scheduled engagements. The court granted them exemption and asked them to appear on December 19 at 3 PM.

"We made it clear to the magistrate today that each accused is keen, ready and willing to appear in the court. The court saw our request for exemption. All the accused will be in court at 3 PM December 19," said senior lawyer and Congress leader Abhishek Manu Singhvi.

Singhvi termed the case political vendetta at its worst. "The ruling party (BJP) is using proxy litigation to target Congress leaders. We have a strong case and we are sure that we will legally win this case."

When asked whether it is a political vendetta, Sonia had earlier in the day said, "I leave it on you to judge. I am daughter-in-law of Indira Gandhi. I am not scared of anything. Why should I be scared."

The Gandhis have been granted more time to move Supreme Court against the Delhi High Court order. On Monday, the high court had dismissed Gandhis plea to quash the summons against them and asked them to appear before the trial court on Tuesday.

The Congress is, however, still undecided on whether to move the apex court.

Bharatiya Janata Party leader and petitioner Subramanian Swamy said he will oppose the Gandhis bail plea. "They will have to appear on December 19. I don't think they will move the Supreme Court. On December 19 they will have to seek bail which I will oppose and if bail is granted I will insist that passport is deposited."

The Gandhis plea was that they got order copy late and Rahul had scheduled tour to Chennai whereas Sonia is caught-up with parliamentary work. The counsels argued that they got a call around 11:30 AM that judgement will be announced today. They got order copy after the Supreme Court was shut.

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.

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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