Thursday, April 17, 2025

National Herald Case

National Herald Case

Reference : 

Rahul Gandhi v. Dr. Subramanian Swamy [2015] GCtR 5246 (Delhi). 

An Order dt. 26 June 2014 passed by Ld. MM, Patiala House Court, Delhi.

Crl.MC 578/2021 before Hon. Delhi HC by Swamy against Sonia Gandhi. It is pending. In this case, trial was stayed vide Order dt. 22 February 2021. Next listed on 28 July 2025 before Delhi HC.

Complaint before Patiala House Court, Delhi - 25835/2016 filed on 14 Feb 2013. In this complaint, Smt. Sonia Gandhi, Shri Rahul Gandhi, Shri Moti Lal Vora, Shri Oscar Fernandes, Suman Dubey, Shri Sam Pitroda @ Satyanarayan Gangaram Pitroda and Young Indian are accused. It is private complaint case instituted otherwise than on a police report, and it is a warrant trial. On 22 April 2017, complainant moved a list of additional witnesses which was withdrawn on 15.05.2017. Complainant moved an application dated 05.08.2017 under section 294 Cr.PC for admission and denial of documents. On 20.01.2018, the complainant moved an application for placing additional documents on record relating to income tax records. Patiala House Court said in order to stream line this trial, it is directed that the complainant shall first examine himself as the first witness of the prosecution and shall lay the foundation of his case

30 March 2019 [Order by Patiala House Court]. 

CC No. 09/1/13 before Patiala House Court. On 20 Aug 2016 case was listed for pre charge evidence.

On 30 March 2019, case was listed for further cross examination. 

Allegations against AICC members, Directors of AJL, Directors of Young India Company.

"YI was infact created as a sham" - Trial Court.

Accused argued "that neither the Representation of the Peoples Act nor the Income Tax Act or any other Act prohibits giving of loans by Political Party." 

Sections : S.403 of IPC, S.406, S.420 IPC.

CT 14/2025 before Rouse Avenue Court, Delhi is ED v. Sonia Gandhi ; ECIR is ECIR/15/HIU/2021. Filed on 9 April 2025 and registered on 15 April 2025. Here, S.3 and S.4 of PMLA, 2002 is alleged. Order dt. 15 April 2025 was passed by Special Judge [PC Act][CBI]-24 (MP/MLA cases), RADC) New Delhi which noted that fresh prosecution complaint under sections 44 and 45 of Prevention of Money Laundering Act (PMLA) 2002 for commission of offence of money laundering as defined under section 3 read with section 70 and punishable under section 4 of PMLA, 2002 filed by the ED, has been received by way of assignment. It was apprised by the Ld. Counsel for the ED that the predicate offence vide complaint case No. 18/2019 under sections 403, 406 & 420 read with section 120(B) of IPC, 1860 is presently under trial before the court of Ld. ACJM-03, Rouse Avenue Courts, New Delhi.  Since the allegations in the present complaint [by ED] are arising from the predicate offence, the file in the predicate offence is required to be called for perusal. So, now for cognizance it is listed on 25 April 2025. 

CT Cases/18/2019 [Dr. Subramanian Swamy v. Sonia Gandhi] before CMM, Rouse Avenue, Delhi. Next on 2 Aug 2025. In this case, on 1 March 2025, stay granted by Delhi HC was noted. In July 2019, case was for cross examination. Varinder Rathore is accused no. 7. Swamy was partly cross examined on 21 October 2019. There are two complaints with Income Tax and Ministry of Housing. On 5.12.2020, complainant was not cross examined. Accused no.3 M. Vora died before 2025. On 11 Feb 2021, it was noted that Swamy's application under S.244 will be taken up after cross exam is over ; this order was challenged by Swamy in HC and obtained stay. 




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