Delhi High Court Today dismissed the Petitions filed by Congress President Sonia Gandhi and Vice President Rahul Gandhi challenging the summons issued by a Trial Court on a Criminal Complaint filed by Dr. Subramanian Swamy.
The Court also dismissed the plea to dispense with the personal appearance of the Accused before the Trial Court . So all the Accused including Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda will have to appear before the trial court tomorrow.
Dismissing the Petition Justice Sunil Gaur held as follows;
“After having considered the entire case in its proper perspective, this Court finds no hesitation to put it on record that the modus operandi adopted by petitioners in taking control of AJL via Special Purpose Vehicle i.e. Y.I., particularly, when the main persons in Congress Party, AJL and Y.I. are the same, evidences a criminal intent. Whether it is cheating, criminal misappropriation or criminal breach of trust is not required to be spelt out at this nascent stage. In any case, by no stretch of imagination, it can be said that no case for summoning petitioners as accused in the complaint in question is made out. Questionable conduct of petitioners needs to be properly examined at the charge stage to find out the truth and so, these criminal proceedings cannot be thwarted at this initial stage. Such a view is being formed on a bird’s eye view of the whole case and the observations in the impugned order of there being a prima facie case have to be read in the context of there being sufficient grounds for summoning petitioners”
"We will move the Supreme Court tomorrow morning. It is a vacuous case," said Senior Advocate Abhishek Manu Singhvi, who appeared for Sonia and Rahul in this Case.
Watch this space for the detailed story.
Read the Judgment here.