Frustrated congress with heavy load of evil acts on their back prepared to destabilize the Nation :

Opinion

08/12/2015

127.


Sub :-  Frustrated congress with heavy load of evil acts on their back prepared to destabilize the Nation :-

Ref : National Herald Case with Media reports


All Members,

Respected family members of this great holy Nation.

A. CONGRESS HOOLIGANS INDISCIPLINE AND EVIL MANNERS IN THE PARLIAMENT ( BOTH HOUSES)

B. DESTABILIZING THE PARLIAMENT MEANS DESTABILISING THE NATION

C. CONGRESS DETERMINED :  NOT  TO ALLOW ANY TRANSACTIONS IN BOTH HOUSES  BY THEIR VIOLENCE AND UNDEMOCRATIC BEHAVIOR.


1. National Herald case: Congress protests stall proceedings in both Houses of Parliament :

2. A vociferous Congress on Tuesday forced adjournment of both Houses of Parliament till 1130am, a day party president Sonia Gandhi and her son Rahul Gandhi were asked to appear before court in connection with the National Herald case.

3. Congress members in both Lok Sabha and Rajya Sabha stormed into the well no sooner had they met for the day, protesting over the "politics of revenge".

4. The court on Tuesday allowed the exemption plea of Sonia Gandhi, Rahul Gandhi and others for the day.

5. In Lok Sabha, Speaker Sumitra Mahajan asked Congress leader Mallikarjun Kharge to explain what his party was protesting against. But Kharge did not respond to her as Sonia Gandhi, sitting next to him, gestured him apparently not to say anything.

6. After hearing Speaker's call, TMC leader Sudeep Bandopadhyay also told Gandhi to respond to the Chair. She responded to him in gestures but could not be heard in the din.

7. TMC members were also on their feet but the reason for their protest could not be known due to the din.

8. Similar scenes were witnessed in Rajya Sabha where slogan shouting Congress members stormed the well as soon as it met for the day.

9. They raised slogans like "Tanashahi nahi chalegi" (dictatorship will not be tolerated)" and "Badle ke rajnathi nahi chalegi (politics of revenge).

10. Deputy chairman PJ Kurien got listed papers of the day tabled amidst the din and asked Congress members to go back to their places and explain the reason for their protest.

11. "Instead of shouting slogan, one of you stand up and say what is your grievance," he said. "Let me also know... I am not able to understand anything."

12. Congress member, however, did not pay heed to his requests and continued shouting slogans.

13. Minister of state for parliamentary affairs Mukhtar Abbas Naqvi said their problem is the court not the government.

14. Congress, he said, should respect the judicial process and work under the due process of law.

15. "At least the chair must know what is the grievance, what is the provocation," Kurien said as he asked if the leader of the opposition Ghulam Nabi Azad would like to say anything.

16. Azad, however, did not oblige.

17. With Congress members unrelenting, both Houses were adjourned till 11:30am.


NATIONAL HERALD CASE :


Part-1.

A.

1. The National Herald Case was filed by Subramanian Swamy against Sonia Gandhi and Rahul Gandhi and their companies and associated persons in the court.

2. As per the petition, Indian National Congress granted an interest free loan of ₹90.25 crore (US$13 million) to Associated Journal Private Limited or AJPL (owner of National Herald newspaper).

3. It was alleged that loan was either not repaid or repaid in cash which is in violation of Section 269T of Income Tax Act, 1961.

4. Further a closely held company, Young Indian was incorporated with a capital of ₹5 lakh (US$7,500), which acquired 90% of holdings of the AJPL and along with that all its properties (alleged to be worth ₹5000 crore (US$750 million)).

Part-2.

A.

1. On 1 November 2012, Subramanian Swamy alleged that both Sonia and Rahul Gandhi have committed fraud and land grabbing to a tune of ₹16 billion (US$240 million) by acquiring a public limited company called Associated Journals Private Ltd (AJPL) through their owned private company, Young Indian.

2. Through this they had got publication rights of National Herald and Quami Awaz newspapers, with real estate properties in Delhi and Uttar Pradesh.

3. The acquired place was intended only for newspaper purposes but were used for running a passport office, amounting to lakhs of rupees, it alleges.

B.

It further alleges that on 26 February 2011 AJPL approved the transfer of unsecured loan of ₹900 million (US$13 million) from the All India Congress Committee at zero interest.

C.

Subramanian argued that it is illegal for any political party to lend money for commercial purposes as per "Section 29A to C of the RPA (1951) and Section 13A of IT Act (1961)" and demanded investigation by the CBI and seeking de-recognition of the party for using public money.

D.

On 2 November, the party responded that the loan was given only for reviving National Herald newspaper with no commercial interest.

E.

The hearing of the case had been taken up thereafter on different occasions and on 1 August 2014 the Enforcement Directorate initiated probe to find any money laundering in the case while on the same day Swamy was served notice by the High Court.

F.

On 28 August the metropolitan court fixed 9 December for the next hearing of the case, while on 12 January 2015 the judge of the Delhi High Court recused himself from hearing the case stating that schedule of cases has been changed and directed that the petitions be directed before an appropriate bench.

G.

On 27 January 2015, the Supreme Court asked Swamy to make out a case for the speedy trial in the Delhi High Court since the petition cannot be heard directly.

H.

On 18 September 2015 it was reported that the Enforcement Directorate had reopened the investigation.

I.

On 8 December, 2015 the Delhi High Court on hearing separate pleas asked Sonia, Rahul Gandhi and five others to appear in person before the Court on 19 December.


Part-3.

Young Indian :

A.

1. Young Indian is a private company limited by guarantee incorporated on 23 November 2010 with a paid up capital of ₹5 lakh (US$7,500).

2. Its shares are held by Sonia Gandhi (38%), Rahul Gandhi (38%), Motilal Vora and Oscar Fernandes.

3. In this connection, Sambit Patra, on 22 October 2015, said : -

"There was a newspaper called National Herald and National Herald was run by a company called Associated Journals, which was closed in 2008 because it was in loss. In 2010, a company was floated called Young India Ltd, 38 percent shares of this company are with Sonia Gandhi and 38 percent is with Rahul Gandhi. They control 76 percent of Young India and, therefore, are owners. The rest of the 24 percent is held by Moti Lal Vora and Oscar Fernandes."

— Sambit Patra.


Part-4.

A.

Associate Journals Limited :-


1. Associate Journals Limited (AJL) is a company which owns National Herald newspaper, 90% of the holding was transferred to Young India in 2011 and its original 5000 shareholders which included former Congressmen, freedom fighters and corporate people are the biggest losers in the Herald case since they have died.

2. As per Sambit Patra, the AJPL owns properties worth ₹5000 crore (US$750 million).

B.

Properties of AJL include: -

1. Herald House, a six-storey building with around 1,00,000 sq feet office space.


Part-5.

A.

Trouble returns for Sonia, Rahul? ED decides to reopen National Herald case

1. The Enforcement Directorate on Friday decided to reopen the National Herald case, which allegedly involved Congress president Sonia Gandhi and vice-president Rahul Gandhi, reported CNN-IBN.

2. This comes a month after reports had suggested that the ED may close the case due to lack of evidence against the two leaders.

3. Last month, ED director Rajan S Katoch was removed from service, reportedly after he chose to close the National Herald case.

4. Katoch was working as the head of the ED in an additional capacity since August 2014 after he was promoted and appointed as the Heavy Industries Secretary.

5. According to the agency, a private non-profit company 'Young Indian' was formed in March 2011, with Sonia and Rahul holding 38 percent shares each, allegedly with the specific aim of taking over the liabilities of Associated Journals Ltd. (AJL). AJL is the parent company which owned National Herald and its Urdu version, Qaumi Awaz, all with money spent from the Congress coffers.

6. The two newspapers folded up on 1 April, 2008.

7. AJL's liabilities of Rs 90.21 crore have been taken over by Young Indian for Rs.50 lakh, the entire amount paid by the Congress.


8. Another Rs 1 crore was allegedly spent by Young Indian in renovating the newspaper's headquarters, Herald House, at 5A, Bahadur Shah Zafar Marg. This amount too has been allegedly funnelled by the Congress as loan.

9. Associated Journals is said to own real estate valued at over Rs 1,600 crore, including Delhi’s Herald House on Bahadur Shah Zafar Marg.

10. In June last year, a metropolitan magistrate, while issuing summons to Sonia and Rahul Gandhi, had said that the petitioner, Subramaniam Swamy, had established a prima facie case against them under sections related to misappropriation of property and criminal breach of trust.


Part-6.

National Herald case: Summons against Rahul, Sonia illegal, Kapil Sibal tells court :

A.

Congress President Sonia Gandhi on Tuesday said in Delhi High Court that the summons issued against her, Rahul Gandhi and five others in the National Herald case were "illegal", claiming no one was cheated in the acquisition process.

A bench of Justice Sunil Gaur was told by senior advocate Kapil Sibal, who represented the Congress chief, that not a single person was cheated during the acquisition of Associated Journals Ltd (AJL), the publisher of the now defunct National Herald newspaper, by the Young Indian Private Ltd (YIL).

B.

"There was no criminal breach of trust and no criminal conspiracy and neither any cheating took place and it is a simple company matter where YIL has taken over the AJL," the counsel claimed and asked how was "the complainant, BJP leader Subramanian Swamy, affected by this private transaction".
Sibal also said that the trial court order summoning Gandhi was "full of illegality".

He said that due to the emotional attachment with AJL as it was supported by former Prime Minister Jawaharlal Nehru and Mahatma Gandhi during Quit India movement, the party helped it by issuing loans worth Rs 90 crore over a period of 50 years.

"A section 25 company named Young India was floated with an aim of charity and it is a no-profit-or-loss company and Congress party had decided to give Rs 90 crore to Young India as a loan," Sibal said and asked "is there any provision in the law that prevents any political party from giving loans?"

Sibal said that YIL was only a shareholder and does not earn or get a single penny from the AJL.

C.

Besides Sonia and Rahul, Congress treasurer Moti Lal Vora, General Secretary Oscar Fernandes and Suman Dubey had moved the High Court on July 30, 2014 against the trial court order summoning them in the case.

D.

The trial court had on June 26 last year summoned Sonia, Rahul, Vora, Fernandes, Dubey and Sam Pitroda to appear before it on August 7, 2014 on a complaint by Swamy alleging cheating in the acquisition of AJL, the publisher of National Herald newspaper, by the YIL.

E.

Later, the High Court on August 6 had stayed the summons issued against the Gandhis and others, and on December 15, 2014 had listed the matter to be heard on day-to-day basis.

F.

The court on December 15, 2014 had also stayed the summons till final disposal of the petitions.


Part-7.

A.

Sonia, Rahul may get breather in National Herald case

1. Arguing on behalf of the Gandhis, senior Congress leader and lawyer Kapil Sibal told the HC that there existed "grievous errors" both in the law and the trail of the case.

2. Challenging the summons issued to Congress leaders Sonia and Rahul Gandhi by a Delhi court in the National Herald case, the Congress party on Tuesday said that the order itself was erroneous.

3. Arguing on behalf of the Gandhis, senior Congress leader and lawyer Kapil Sibal told the HC that there existed "grievous errors" both in the law and the trail of the case.

4. Meanwhile, the arguments will continue in HC on Wednesday and an order on quashing of the trial court order or at least exempting Sonia and Rahul Gandhi from personal appearance is likely to be given by Justice V. P. Vaish of the High Court. Sibal argued that the only aim behind assigning `90 crore loan to Associated Journals Limited (AJL) was to revive the National Herald Newspaper that "has been aligned with the objectives and ideology of the Congress since 1937."

B.

1. Sibal argued that Metropolitan Magistrate Gomati Manocha who, on June 26 this year, had held Sonia and Rahul Gandhi and five other Congress members prima facie guilty of "dishonest misappropriation", "breach of trust" and of "cheating their own party," and directed that they be present before her on August 7-had erred in doing the same and that her order was riddled with legal flaws.

2. Sibal's argument primarily resonated the submissions made by Congress chief Sonia Gandhi in her petition submitted before the High Court while challenging the summon. She has submitted in her plea that the magistrate's order was "ex facie illegal, without jurisdiction, and has been passed without even complying with the basic ingredients of Section 204 of the Criminal Procedure Code."

3. Sibal contented that the magistrate's order, as well as the complaint filed by BJP leader Subramanian Swamy were "wrong" as the basic elements of "trust and cheating"-the prime components of the order and the complaint-"were missing." Sibal said there was nothing illegal in a political party indulging in any businesses, earning any finds for the party, extending loans or in acquiring capital gains.

NOTE : 

1. NO POLITICAL PARTY IS ABOVE THE LAW.

2. NO POLITICIAN IS ABOVE THE LAW.

3. THESE SO CALLED LEADERS IF THEY ARE NOT GUILTY WHY THE NEED FOR THIS INDISCIPLINE AND MISBEHAVIOR.

My view  points

1. All citizens  are  equal before law in this country.

2.  None is exempted.

3. Hence  politicians learn how to behave, or beware  you will be thrown out.

4. NO RESPECT, NO MERCY FOR YOUR PRESENT MANNERS AND BODY LANGUAGE, AND DISRUPTING THE PARLIAMENT.

5. PEOPLE OF THIS COUNTRY KNOW AND WATCH EACH ONE OF YOU AND ARE MAKING NOTE OF IT, YOU WILL NOT BE ALLOWED IN ANY ELECTION IN FUTURE.

Thank you for reading.

JAIHIND.

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