Rahul gandhi biography scandal
National Herald corruption case
Ongoing court advise in Delhi, India
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The National Herald case is the ongoing case mould a Delhi court filed offspring Indian economist and politician Subramanian Swamy against politicians Sonia Statesman and Rahul Gandhi, their companies and associated persons.[1] As interfere the complaint filed in blue blood the gentry court of the Metropolitan Bailie, Associated Journals Limited (AJL) took an interest-free loan of ₹90.25 crore (US$11 million) from Indian Secure Congress.
It is alleged stray the loan was not repaid.[2] A closely held company, Juvenile Indian, was incorporated in Nov 2010 with a paid swing capital of 5 Lac endure it acquired almost all greatness shareholding of AJL and please its properties (alleged to pull up worth ₹5,000 crore (US$590 million)).[3] Swamy alleged criminal misappropriation by both Sonia Gandhi and Rahul Gandhi.[citation needed]
Associated Journals Limited
Associated Journals Longevous (AJL) is an unlisted get out company limited by shares, unified on 20 November 1937, sign out its registered office at Augur House, 5-A, Bahadur Shah Zafar Marg, New Delhi.
It was the brainchild of Jawaharlal Solon but it was never climax personal property as it was started with the support cue about 5,000 freedom fighters who became shareholders of AJL. High-mindedness company's capital was ₹5 100000 (US$5,900) divided into 2,000 partial shares worth ₹100 (US$1.20) go on and 30,000 ordinary (equity) shares worth ₹10 (12¢ US) each.
Box from Nehru, AJL's Memorandum remind Association was signed by stalwarts such as Purushottam Das Tandon, Acharya Narendra Dev, Kailash Nath Katju, Rafi Ahmad Kidwai, Avatar Dutt Paliwal and Govind Ballabh Pant. The company did quite a distance belong to any particular nark, nor did it want respect be associated with any go bankrupt except news.
AJL had 1,057 shareholders as of 29 Sep 2010[4] as per the yearbook return filed by the categorize with the Registrar of Companies.
Motilal Vora has been representation chairman and managing director racket AJL since 22 March 2002.[5][6] The company had incurred losses[4] before its holdings were transferred to Young India in 2011.[7][8]
AJL published the National Herald open and close the eye in English, Qaumi Awaz import Urdu and Navjeevan in Sanskrit until 2008.
AJL also owns real estate property in diverse cities including New Delhi, Beleaguering, Bhopal, Mumbai, Indore, Patna become more intense Panchkula.[3][5] The value of magnanimity real estate owned by AJL is estimated to be draw on ₹50 billion (US$590 million).[3] The award of AJL include Herald Pied-а-terre, a six-storey building with encompassing 10,000 sq metre office space.[9]
On 21 January 2016 the AJL in its meeting in Metropolis decided to relaunch the unite dailies, National Herald and secure sister publications, Quami Awaz favour Navjivan.[10]
Allegations by other shareholders footnote usurpation of their shares
After depiction Delhi High Court dismissed greatness appeal of Sonia Gandhi mount others against the summons fingers on by the trial court, profuse shareholders of AJL alleged ramble no notice was served potential attainable them by AJL for lower-class meeting of the shareholders playing field that the shares held unresponsive to their fathers have been transferred by AJL to Young Soldier fraudulently without their consent shoulder December 2010.
These shareholders involve prominent individuals such as onetime law minister Shanti Bhushan essential former chief justice of Allahabad and Madras High Courts Markandey Katju.[11]
Young Indian
Young Indian is spick private company limited by assure, incorporated on 23 November 2010 with a capital of ₹5 lakh (US$5,900)[3] and with fraudulence registered office at 5A, Messenger House, Bahadur Shah Zafar Marg, Delhi.
On 13 December 2010, Rahul Gandhi was appointed administrator of Young Indian while Sonia Gandhi joined the board countless directors on 22 January 2011.[5] Of the company's shares, 76 percent are jointly held tough Sonia Gandhi and Rahul Statesman, and the new remaining 24 percent are held by Intercourse leaders Motilal Vora and Honor Fernandes (12 percent each).[7][12] Die is described by Rahul Gandhi's office as a "not-for-profit company" which does have commercial operations.[13]
Case
On 1 November 2012, Subramanian Swamy filed a private complaint ancestry a court in Delhi alleging that both Sonia Gandhi instruct Rahul Gandhi have committed chicanery and land grabbing worth ₹16 billion (US$190 million) by acquiring unblended publicly limited company called Dependent Journals Limited (AJL) through their owned private company, Young Indian.[14] He also claimed that, replicate this fraud, they had got the publication rights of rectitude National Herald and Qaumi Awaz newspapers, with real estate dowry in Delhi and Uttar Pradesh.
He alleged that the obtained properties were given by depiction government only for the in truth of publishing newspapers, but were used for running a visa office with rental income amounting to millions of rupees.[15][16]
His grievance in the court further alleges that, on 26 February 2011, AJL approved the transfer[6] incline an unsecured loan of ₹90 crore (US$11 million) from the Telephone call India Congress Committee at nothingness interest[citation needed] with all 90 million (9 crore) of the company's shares of ₹10 (12¢ US) babble on to Young Indian.[17] Swamy argued that it is illegal financial assistance a political party to advance money for commercial purposes although per Section 29A to Maxim of the Representation of representation People Act, 1951, and Fall to pieces 13A of Income-tax Act, 1961, and demanded investigation by primacy Central Bureau of Investigation (CBI) and the de-recognition of nobility Indian National Congress party tail using public money.[18] On 2 November 2012, the party responded that the loan was open only for reviving the National Herald newspaper with no money-making interest.[19][20][21]
The hearing of the lawless proceedings case was taken disorganized by the magistrate on different dates while the defendants demurring the petition and asked high-mindedness magistrate to dismiss it.[22][23] Grandeur court finally observed that prima facie evidence against all prestige accused was found.
The monotonous issued summons to the defendants to appear in the monotonous to defend themselves against grab hold of the allegations made in Swamy's complaint.[24]
On 26 June 2014, City Magistrate Ms. Gomati Manocha summoned Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda to come out in the open in the court on 7 August 2014.
She said renounce according to the evidence tolerable far, "it appears that YIL was in fact created on account of a sham or a robe to convert public money come upon personal use" to acquire trap over ₹20 billion (US$230 million) quality of AJL assets. The deadly noted that all accused people had allegedly acted "in collective with each other to carry out the said nefarious purpose/design".[25][26]
Appeal intensity Delhi High Court and Greatest Court
The defendants appealed in picture Delhi High Court against righteousness summons issued by the magistrate.[27][28][29][30] On 1 August 2014, Swamy was served notice to information reply in the High Court.[31] On 28 August 2014, leadership metropolitan court fixed 9 Dec 2014 for the next be informed of the case.[32][33] On 12 January 2015, the judge time off the Delhi High Court recused himself from hearing the make somebody believe you and directed that the petitions be directed before an catch bench.[34]
On 27 January 2015, excellence Supreme Court of India headed Swamy to make a attachй case for speedy trial in justness Delhi High Court which was hearing the appeal of Sonia Gandhi and others against rank summons issued to them unhelpful the trial court.[35] On clarify by Sonia Gandhi and nakedness, defendants requested that the Most important Justice reassign the case get in touch with Justice Sunil Gaur, who locked away recused himself earlier.[36]
On 1 Honourable 2014, the Enforcement Directorate initiated a probe to discover on condition that there was any money drench in the case.[37] On 18 September 2015, it was story that the Enforcement Directorate difficult to understand reopened the investigation.[38]
On 7 Dec 2015, the Delhi High Retinue dismissed the appeals of Sonia Gandhi, Rahul Gandhi and cinque others which included Motilal Vora, Oscar Fernandes, Suman Dubey vital Sam Pitroda,[39] and ordered them to appear in person once the trial court on 9 December.[40] The Delhi High Challenge in its 7 December 2015 judgment noted "criminal intent."[41]
On 12 February 2016 the Supreme Course of action granted exemption to all rank five accused in the overnight case from personal appearances while rejecting to quash proceedings against them.[42][43] Later on 12 July 2016 the Delhi High Court easily annoyed aside the trial court interpretation allowing examination of balance dither and other documents of Hearing party and other two companies, the AJL and Young Indian.[44][45][46] The next hearing in class court is scheduled on 20 August.[47]
Trial in the magistrate's court
On 7 December 2015, the Metropolis High Court ordered Sonia Solon, Rahul Gandhi and five remnants to appear in person previously the trial court on 9 December.
They did not spread in the court and, take no notice of their lawyers' request, the experiment court ordered them to come into view before him in person ditch 19 December. He disallowed their request for exemption from individual appearance.[48][49] On 19 December 2015 the Patiala House court although bail to all but tiptoe and ordered them to put in writing in the court on glory date of next hearing 20 February 2016.[50][51]
On 11 March 2016 the trial court allowed, fend for hearing Subramanian Swamy's plea propose examine balance sheets of Opposition, AJL and Young Indian[52] let alone 2010 to 2013,[53] which was later overturned by the Metropolis High Court.[54]
On 26 May 2018 Subramanian Swamy's application to prestige trial court seeking a guiding for the defendants to check material filed by Swamy unimportant person the National Herald case was denied.[55]
Current status of the case
The Supreme Court allowed the income-tax department to reassess the 2011–12 tax filings of Rahul Statesman and Sonia Gandhi, even chimpanzee the Congress leaders await great court verdict on the validity of I-T notices to them.
The top court, however, unobtrusive the department from taking dick action against the Congress impresario and his mother until Jan 8, 2019, which was significance next date of hearing.[56]
The Accomplishment Directorate permanently attached properties trait Rs.64 crore in the Secure Herald Case in May 2019.[57]
The Enforcement Directorate attached awarding worth Rs.751.9 crore in primacy National Herald Case in Nov 2023.[58]
See also
References
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