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Delhi court summons Sonia Gandhi, Rahul Gandhi in National Herald case


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NEW DELHI: Congress president Sonia Gandhi, and vice-president Rahul Gandhi were on Thursday summoned by a local court as accused in a criminal complaint lodged by BJP leader Subramanian Swamy for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald. Metropolitan magistrate Gomati Manocha issued summons to Sonia and Rahul Gandhi besides AICC treasurer Moti Lal Vohra, general secretary Oscar Fernandes, and Suman Dubey and Sam Pitroda, the other directors of Young Indian Ltd (YI), a company that was incorporated in 2010 and which took over the "debt" of Associated Journals Ltd (AJL), the publisher of National Herald. Swamy had accused Sonia and Rahul Gandhi and others of conspiring to cheat and misappropriate funds by just paying Rs.50 lakh by which YI obtained the right to recover Rs 90.25 crore which the AJL had owed to the Congress party. "Complainant has established a prima facie case against the accused under section 403 (dishonest misappropriation of property, 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of IPC. "Hence, let the accused Sonia Gandhi, Rahul Gandhi, Moti Lal Vohra, Oscar Fernandes, Suman Dubey and Sam Pitroda be summoned for August 7, 2014. Let the Young Indian be summoned through it's authorised representative for the same date," said Manocha. Reacting to the development, Congress spokesman and a senior lawyer Abhishek Manu Singhvi said the party will respond "vigorously" to the allegations made by Swamy. "Dr Swamy is known for his personal, motivated campaign against the Congress and you can take it that as and when we receive the papers and take the full legal advice a very vigorous response will be filed in respect of this completely false and motivated complaint. "Issuance of process over a stale complaint made a year ago is not something to be excited about. Let's seek comprehensive legal advice and you will see how all allegations are legally demolished," Singhvi said. The court, in its order, said, "From the complaint and the evidence led so far, it appears that YI was in fact created as a sham or a cloak to convert public money to personal use or as a special purpose vehicle for acquiring control over Rs 2000 crores worth of assets of The Associated Journals Ltd.(AJL). "Since all the accused persons have allegedly acted in consortium with each other to achieve the said nefarious design, there are sufficient grounds for proceeding against all of them," the court said. It said the accused Sonia Gandhi, Rahul Gandhi, Moti Lal Vohra, Oscar Fernandes were the office bearers and trustees of the funds of the Congress party and the funds of the party were not the personal property of the accused. "The funds entrusted to them by the party were to be utilised to advance the purposes for which the Congress party was formed ... "These funds could not have been advanced in the form of an interest-free loan to AJL, as no provisions exists in the Representation of the People Acts or the constitution of the party permitting grant of any such loan to a company engaged in commercial activities," the court said. "The accused, prima facie appears to have committed criminal breach of trust on the existing share holders of AJL as well as against the company," it added. The court further said that the accused appeared to have cheated the state exchequer as well by claiming tax exemption by showcasing the objective the donations, etc. were sought by the Congress from the people and diverting those funds to commercial purposes. Swamy, in his complaint, alleged that AJL was formally closed in 2008 as it was under a huge unpaid debt of around Rs 90 crores. http://timesofindia.indiatimes.com/india/Delhi-court-summons-Sonia-Gandhi-Rahul-Gandhi-in-National-Herald-case/articleshow/37248579.cms
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Congress Vice-President Rahul Gandhi Summoned by Bhiwandi Court A local court in Bhiwandi has issued summons to Congress Vice-President Rahul Gandhi for his comments on the Rashtriya Swyamsevak Sangh (RSS) during an election rally in the area during the Lok Sabha elections this year. The summons were issued after a RSS worker Rajesh Kunte filed a case on March 18. Mr Gandhi, 44, had told supporters in an election rally on March 6 that the RSS had a role to play in Mahatma Gandhi's assassination in 1948. http://www.ndtv.com/article/india/congress-vice-president-rahul-gandhi-summoned-by-bhiwandi-court-557117

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Tax Notice to Gandhis: How Herald House Gets Rent

At the heart of the tax case that Congress leaders Sonia and Rahul Gandhi face in a Delhi court, lies the historic Herald House which was once the office of the National Herald, a newspaper founded and edited by Jawaharlal Nehru, Mr Gandhi's great grandfather. The Gandhis have been summoned by the court next month to respond to the allegation of BJP leader Subramaniam Swamy that the Congress used political funds to enable a company in which they own majority stake to acquire Associated Journals, which ran the National Herald. Mr Swamy has alleged in court that the Gandhis aimed to grab property worth thousands of crores that belonged to the publishing company. (Sonia Gandhi, Rahul Gandhi Summoned to Delhi Court Next Month) The Congress denies that allegation and says it gave Associated Journals a Rs. 90 crore loan because it was in dire straits. This week, NDTV visited Herald House, situated on Bahadur Shah Zafar Marg, a busy main road in the heart of the capital often called the Fleet Street of India for the number of newspaper offices based there. This reporter found that the building is buzzing with commercial activity. (Also read: Sonia Gandhi Charges Government with Witch-Hunt over Tax Notices) In the past two years since the Gandhi-family-led private company called Young Indian took over Associated Journals, four floors of the five-storey building have been let out at market rates. The ground floor and the first floor are let out to the Passport Seva Kendra of the Ministry of External Affairs and the second and the third floor to IT major Tata Consultancy Services or TCS. While Passport Seva Kendra pays a market rent of about 60 lakh rupees per month, TCS pays 27 lakh rupees, sources told NDTV. On the top floor is the office of Young Indian, registered under section 25 of the Companies Act, which lists Sonia Gandhi and Rahul Gandhi as majority stakeholders with 76 per cent stake in total. The rest is divided between Congress veterans Motilal Vora and Oscar Fernandes. The Congress claims Young Indian is a non-profit company, but questions are being asked about who benefits from Associated Journal's properties. Like Herald House, Young Indian has also acquired other major properties across the country worth Rs. 5,000 crore, according to a court order. Mr Swamy contends that political parties, which are exempt from taxes on all sources of income, cannot use that money to give loans for commercial transactions. He has also alleged that the Young Indian, through Associated Journal, draws commercial rent on a property that was acquired at a concessional rate to run a nationalistic newspaper, which he says is against the law. "Absolutely not," said Randeep Surjewala, Congress spokesperson to NDTV, denying the allegation that the Congress party's loan to Associated Journal is against Election Commission rules. "Associated Journal and Young Indian are two separate entities and no money is being received by anybody in the Congress," said Mr Surjewala, adding, "The money (rent) is being collected to revive the National Herald." The newspaper was shut down in 2008. When asked about the allegation of tax evasion, Mr Surjewala said, "All newspaper offices in that area are renting out space." When NDTV contacted MEA about the choice of Herald House for the Passport Seva Kendra or PKS, they said it was chosen for them by TCS. However a TCS spokesperson said the final choice was made by the Ministry of External Affairs. In a statement they said, "Herald House was chosen for its central location and accessibility and the rentals paid are as per market rates. Multiple locations were shortlisted for every PSK site and final approval for a site was accorded by the MEA." When NDTV contacted Sam Pitroda, Congressman and one of the directors of Young Indian, he said, "Yes, I am a director at Young India. As per my knowledge nothing wrong has been done. I have nothing more to say at this stage." Rahul Gandhi's office refused to react to specific allegations and did not respond to emails and messages from NDTV.
http://www.ndtv.com/article/india/tax-notice-to-gandhis-how-herald-house-gets-rent-557735?curl=1405237275 When NDTV runs such articles then you know that the Nehru Dynasty is in trouble.
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The Delhi High Court on Wednesday adjourned the hearing of the National Herald case involving Congress president Sonia Gandhi and vice president Rahul Gandhi till November 3. The hearing was adjourned last month for today, but due to the absence of one of the Congress lawyers, it was adjourned till November 3. "The Congress lawyers, who are representing the Congress accused, they declined today to continue the matter despite the fact that the date of October 1 was mutually agreed, and suddenly, we were told today that one of the lawyers has some difficulty, he didn't turn up, and as a consequence, the court could not proceed," said Bharatiya Janata Party (BJP) leader Subramanian Swamy. He, however, added, "The judge observed that this is going on too long and he doesn't want it now to further extend time unnecessarily and they asked them for date they wanted it after Diwali so it has been fixed for November 3 starting at 12 'o' clock and if we can't complete it on November 3 then the next working day which is November 5 the matter will be completed." "The trial court which has fixed the date December 9 they may also advance the date and on December 9 all these seven accused will have to appear," Swamy said.
http://www.dnaindia.com/india/report-national-herald-case-hearing-adjourned-till-november-3-2022870
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