INDIAHerald case: Sonia, Rahul to seek bail today
TNN | Dec 19, 2015, 01.17 AM IST
Sonia Gandhi and Rahul. (PTI photo)
NEW DELHI: Congress chief Sonia Gandhi and son Rahul will seek bail when they appear before the trial court in connection with the National Herald case on Saturday, putting an end to feverish speculation in political circles over the legal strategy the leaders are likely to adopt.
The legal practice in a private complaint is that the accused has to move a bail application on appearance and the court decides the bond amount. In the National Herald case, the complaint against the Gandhis and their associates has been filed by Subramanian Swamy, who later became a BJP member.
READ ALSO: Sonia, Rahul out of luck now, says Swamy
If the complainant has objections, the court records them. In contrast, in a case where the State is the complainant, the court gives more weightage to the objections of the prosecutor.
"I have consistently said that all should avoid hype and hoopla about a routine legal appearance. All legal options are available including bail and exemption, and they will be exercised in accordance with law," AICC lawyer Abhishek Singhvi said.
READ ALSO: Move afoot to turn AJL into not-for-profit company
Before the appearance in court at 3pm, key Congresspersons — MPs and CWC members - will gather at the Akbar Road headquarters in solidarity. There may not be any speeches but it will be an occasion for cadres to unleash "anger against BJP for hounding the leadership with concocted cases".
The Gandhis and co-accused Suman Dubey, Motilal Vora, Oscar Fernandes and Sam Pitroda are likely to move bail when they appear in the court of metropolitan magistrate Loveleen. The seven accused have been summoned as accused on prima facie charges of criminal conspiracy, cheating, criminal breach of trust and dishonest misappropriation of property in the takeover of Associated Journals Limited that ran the now-defunct National Herald.
As the Congress leadership geared to appear before the trial court, the party sought to tamp down feverish reports that the event may be accompanied by a show of strength.
READ ALSO: 'Not afraid, I am Indira Gandhi's daughter-in-law,' says Sonia Gandhi
Sources said there was a clear directive from the Congress chief: "no tamasha". Sonia and other accused are likely to drive to Patiala House court in a relatively inconspicuous manner. A list of senior leaders to accompany the Gandhis has been drawn up.
The party has also directed spokespersons to speak only on the legal dimension of the allegations while Youth Congress has not planned any demonstrations as speculated.
Congress managers went to great lengths to convey that the leadership is keen to keep it simple.
READ ALSO: Herald land encroached on in Patna, revenue dept to probe
In the countdown to court appearance, laconic the "strategy-not-finalized-yet" remarks from AICC managers fanned speculation whether the Gandhis will prefer to go to jail to highlight BJP's "vendetta", as also about party leaders accompanying them to court and the young wing holding protests.
While the party has made no secret of its indignation over the Herald allegations, there are apprehensions in certain sections that protests in Parliament post-summons may not go down well with the court. The strategists have, in last few days, shifted the blockade of Parliament to other issues like "governor's coup" in Arunachal Pradesh, Punjab "atrocities" and corruption to quell the BJP's insinuation that Congress was confronting the judiciary.
AICC spokesman Randeep Surjewala said, "We have complete faith in judiciary and respect for judicial process."
Congress said the Herald case has legal and political dimensions which would be tackled differently. "Modi government has unleashed a malicious vendetta against Congress leadership and political opponents. Subramanian Swamy is a cog in BJP's vendetta machine. Congress will fight the political battle against BJP in Parliament and alongside the people of India," Surjewala said.
The legal practice in a private complaint is that the accused has to move a bail application on appearance and the court decides the bond amount. In the National Herald case, the complaint against the Gandhis and their associates has been filed by Subramanian Swamy, who later became a BJP member.
READ ALSO: Sonia, Rahul out of luck now, says Swamy
If the complainant has objections, the court records them. In contrast, in a case where the State is the complainant, the court gives more weightage to the objections of the prosecutor.
"I have consistently said that all should avoid hype and hoopla about a routine legal appearance. All legal options are available including bail and exemption, and they will be exercised in accordance with law," AICC lawyer Abhishek Singhvi said.
READ ALSO: Move afoot to turn AJL into not-for-profit company
Before the appearance in court at 3pm, key Congresspersons — MPs and CWC members - will gather at the Akbar Road headquarters in solidarity. There may not be any speeches but it will be an occasion for cadres to unleash "anger against BJP for hounding the leadership with concocted cases".
The Gandhis and co-accused Suman Dubey, Motilal Vora, Oscar Fernandes and Sam Pitroda are likely to move bail when they appear in the court of metropolitan magistrate Loveleen. The seven accused have been summoned as accused on prima facie charges of criminal conspiracy, cheating, criminal breach of trust and dishonest misappropriation of property in the takeover of Associated Journals Limited that ran the now-defunct National Herald.
As the Congress leadership geared to appear before the trial court, the party sought to tamp down feverish reports that the event may be accompanied by a show of strength.
READ ALSO: 'Not afraid, I am Indira Gandhi's daughter-in-law,' says Sonia Gandhi
Sources said there was a clear directive from the Congress chief: "no tamasha". Sonia and other accused are likely to drive to Patiala House court in a relatively inconspicuous manner. A list of senior leaders to accompany the Gandhis has been drawn up.
The party has also directed spokespersons to speak only on the legal dimension of the allegations while Youth Congress has not planned any demonstrations as speculated.
Congress managers went to great lengths to convey that the leadership is keen to keep it simple.
READ ALSO: Herald land encroached on in Patna, revenue dept to probe
In the countdown to court appearance, laconic the "strategy-not-finalized-yet" remarks from AICC managers fanned speculation whether the Gandhis will prefer to go to jail to highlight BJP's "vendetta", as also about party leaders accompanying them to court and the young wing holding protests.
Top Comment
even a slap on these Gandhi's on the face is not enough first by looting India via various scams filling their pocket n ... Read MoreWhile the party has made no secret of its indignation over the Herald allegations, there are apprehensions in certain sections that protests in Parliament post-summons may not go down well with the court. The strategists have, in last few days, shifted the blockade of Parliament to other issues like "governor's coup" in Arunachal Pradesh, Punjab "atrocities" and corruption to quell the BJP's insinuation that Congress was confronting the judiciary.
AICC spokesman Randeep Surjewala said, "We have complete faith in judiciary and respect for judicial process."
Congress said the Herald case has legal and political dimensions which would be tackled differently. "Modi government has unleashed a malicious vendetta against Congress leadership and political opponents. Subramanian Swamy is a cog in BJP's vendetta machine. Congress will fight the political battle against BJP in Parliament and alongside the people of India," Surjewala said.
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