New Delhi, Feb. 12 (ANI): Senior lawyer Kapil Sibal on Friday challenged Bharatiya Janata Party (BJP) leader to prove his allegations against Congress president Sonia Gandhi and party vice-president Rahul Gandhi in the National Herald case, saying there was no evidence to prove any illegality committed by them.
“We have always been saying that there is no prima facie evidence that the Congress Party or its leaders have committed any illegality or any wrong doing. And the fact of the matter is that there can be no cheating in a case where no person has come forward and said that he was cheated. There can’t be breach of trust unless somebody says that his trust was breached,” he told ANI.
“And Mr. Swamy cannot say that the trust of Congressmen was breached because he is no one to say that,” he added.
Expressing his delight over the Supreme Court’s decision which said that all the inferences and all the conclusions arrived at by the Delhi High Court were uncalled for, Sibal said that Swamy was free to try and prove his allegations.
“Unfortunately, the High Court made very strong observations and gave very firm conclusions without any basis, without any evidence and the Supreme Court rightly has said that all the inferences and all the conclusions arrived at by the High Court were uncalled for. Therefore, now you only have the allegations of Dr. Swamy and nothing more. And Dr. Swamy is free to try and prove his allegations,” he said.
The Gandhis had moved the apex court earlier this month, appealing against an order that asked them to appear in a Delhi trial court on February 20.
On June 26, last year, the trial court issued summons to them on Swamy’s allegations of ‘cheating’ in the acquisition of Associated Journals Ltd (AJL) by Young India Ltd (YIL) — a firm in which Sonia and Rahul own 38 percent stakes each.
The Delhi High Court had in December 2015 rejected their plea and directed them to appear before the trial court.
The case relates to the Indian National Congress granting an interest-free loan of Rs. 90.25 crore (USD 13 million) to Associated Journals Limited (AJL), owner of the National Herald newspaper which was established by Jawaharlal Nehru in 1938.
It was alleged that the loan was either not repaid or repaid in cash, which is in violation of Section 269T of the Income Tax Act, 1961.
A closely held company, Young Indian, was incorporated in November 2010 with a capital of Rs. five lakh and it acquired almost all the shareholding of AJL and all its properties (alleged to be worth Rs.5000 crores) (ANI)