Sonia, Rahul move SC for quashing of Herald case

Congress president Sonia Gandhi and party vice-president Rahul Gandhi on Thursday moved the Supreme Court, seeking quashing of a criminal case and summons issued against them and five others on several grounds, including the complaint filed by BJP leader Subramanian Swamy in the National Herald case. They said it was a "political move" aimed to "defame" them.

Besides Gandhis, Suman Dubey and Sam Pitroda have also approached the Apex Court against the December 7, 2015, High Court order refusing to quash summons issued to them in the case. Sonia, in her plea, has sought “stay of the operation of impugned order” of the High Court and stay of the trial court proceedings on the complaint of Swamy as interim reliefs.

“The predominant purpose of filing the complaint was to defame the important leaders of the Congress as a political move. The complainant was acting as a political activist rather than a legitimate Complainant or a conscious citizen. Even in the course of arguments, references were made, which were personal and unconnected with the case. It is the major apprehension of the petitioner that the complaint and the forum of the court are likely to be used for political purposes...,” she said in her plea. She also assailed certain “adverse remarks” in the High Court verdict and said, “the High Court has gone beyond the pleadings made in the Complaint to record a finding against the petitioner, which is unwarranted by law.” 

“The observation made by the High Court suggests that a presumption can be drawn against the petitioner (Gandhi) even at the complaint stage. Such adverse observations would have a negative impact on the trial,” the plea, filed through lawyer Devdatt Kamat, said.