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National Herald frauds: Arrogant stealing of prime real estate - another instance of hubris of the Gandhi family
This is a black and white case of creating a shell company to steal assets worth thousands of crores, by blatantly disregarding the laws of the land. In one stroke of pen, this move wiped out several shareholders' stocks in the company Associated Journals Limited (AJL). Money Laundering, Tax Evasion and Illegal capture of prime real estate done by the ruling family with impunity, all done in plain sight. Now, having been caught with their hand in the cookie jar, the Gandhi family and the Congress Party put on a drama of witch hunt and all they want to do is delay, delay, delay. From the first summons in 2014, which the family dragged all the way to the Supreme Court and back, to now, this book documents all the twists and turns that they tried to escape from the criminal case brought on them by Subramanian Swamy. No stone left unturned, no avenues unexplored to try and escape the long arm of the law. A must-read for those who want to understand the details of how the Gandhi family grabbed prime real estate without spending a paisa. And then not paying a paisa of tax for the income they were getting from the property that they did not own. Having accomplished a massive steal of land and buildings, they can't explain the source of even the paltry sum of money that they used to buy AJL. Is the end in sight? Read this book to find out.
409 pages, Kindle Edition
First published January 21, 2021
34 people are currently reading
50 people want to read
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Displaying 1 - 5 of 5 reviews
April 29, 2021
An eye opener and an unputdownable book by Shree Iyer.
This is not a proper book but a compilation of all the reports published & covered in PGurus since the beginning, till now on each & every happening on the National Herald case.
We all must have heard of this scam but how many of us know that The Gandhis have lost multiple times in tribunal court, Delhi High Court twice and now appealing to SC. They have received multiple notices from CBI, ED, UDM, State Govts on this case.
The book covers everything details starting from the scam and slowly unfolds the saga... I don’t want to spoil any further.
Just pick this up without a second thought.
N.B. : You can read the Kindle version of this book free with Kindle Unlimited or on Kindle Unlimited trial.
This is not a proper book but a compilation of all the reports published & covered in PGurus since the beginning, till now on each & every happening on the National Herald case.
We all must have heard of this scam but how many of us know that The Gandhis have lost multiple times in tribunal court, Delhi High Court twice and now appealing to SC. They have received multiple notices from CBI, ED, UDM, State Govts on this case.
The book covers everything details starting from the scam and slowly unfolds the saga... I don’t want to spoil any further.
Just pick this up without a second thought.
N.B. : You can read the Kindle version of this book free with Kindle Unlimited or on Kindle Unlimited trial.
October 8, 2022
The book is a collection of news narration from pgurus.com that covered the National Harald Frauds case involving top INC big shots Sonia Gandhi (TDK as Swamy would like to call :P) and Rahul Gandhi. The facts of the case seem to be crystal clear, it is just sad how they have been able to drag it for so long, hopefully justice will be served at the earliest. I kind of feel bad that crimes can be committed with such low IQ in India even till date :/ hopefully the master-slave mindset from British's era of oppression will be gone for good with a closure on cases like this one. And of course, citizens like me are indebted to the likes of Dr. Swamy for vehemently defending the law of our land, time and again :) I definitely recommend everyone to read this book to know more about the corruptive practices of Indian National Congress party in India.
PS: The book references a lot of links - which on a paperback is not very useful in my opinion. For instance, there are sentences which say - "Here is the video" and so on. Also, the length of the book can be shortened a lot more if redundant statements are avoided.
PS: The book references a lot of links - which on a paperback is not very useful in my opinion. For instance, there are sentences which say - "Here is the video" and so on. Also, the length of the book can be shortened a lot more if redundant statements are avoided.
March 21, 2021
As always Sree Iyer and his remarkable books.
July 10, 2022
A book by Sree Iyer explains how the great Italian family of congress scammed around 1000+ crores through National Herald and how Dr Swamy decoded this scam out. Also, how all it started at the beginning of the journey of Swamy's court fight to get this Italian family to the courts and also the present status of the case
January 25, 2023
The book, as acknowledged up front, is a compilation of published news reports - written presumably by author of the book - on the subject, most of it familiar through media but worth reading as a whole since most of readers are likely to not remember all the details thereof, in this tale of a humongous embezzlement exposed due chiefly to one courageous man's untiring efforts.
And how one can thank him for this, one has no clue, but admiration is the very least that Dr Subramanian Swamy deserves from India.
As one reads on throughthis datewise reported account, one sees law working glacial slowly, but just as inexorably, despite the attempts post 2014 by the now opposition to set fire to the nation - and the cool kept by the present government despite all the opposition efforts to abuse and worse.
One is flummoxed, too, by just how silent media has been on this!
***
" ... In a detailed FAQ posted on the party web site1, Congress tried to downplay this case as an internal matter as National Herald was started by Congress Party in the thirties."
As Dr.Subramanian Swamy pointed out when another channel said so, no, it's neither internal nor family matter, much less personal; when AJIL was begun it had been donated to and invested in by thousands of Indians out of their meager earnings, and India has a right to question when the properties given by India to this corporation, for a purpose, are subsequently treated as private commercial properties, which was explicitly forbidden at the very outset.
***
"Besides challenging the high court order of December 7, 2015, both the Gandhis have sought the stay of the proceedings before the trial court till their plea was decided by the top court and grant of exemption from personal appearance before the lower court.
"However, they have said that they would appear before the trial court as and when “desired by the magistrate in accordance with law.”"
Well, the whole scam they were perpetrating until they were exposed by Dr Subramanian Swamy was to circumvent the law in the flimsiest manner, so thinly veiled that anyone without proficiency in either law or accountancy can comprehend the said expose by Dr Subramanian Swamy.
***
"The question is the continued silence of Congress leadership on one of the biggest Income Tax dues. Is Sonia Gandhi thinking of doing some deals to hush-up the Income Tax notice with certain pliable persons in Government? Why else would Ministry of Finance not allow the Enforcement Directorate (ED) to register a case of money laundering in National Herald? The Central Bureau of Investigation (CBI) has also not been allowed to register a case of land grabbing, of land allotted to National Herald by Young Indian. Maharashtra Government is yet to act on the report of the land grabbed in Bandra[73]. The only action came from Haryana Government[74], and we are seeing so many hit jobs against the Chief Minister Manohar Lal Khattar from several quarters and also by a section of the Dynasty-Slave media houses. These entities create outrage against him and seek his resignation at the drop of a hat. Is this stony silence a plot to make some sort of a deal to hush-up the huge tax dues of Rs.249.15 crores?"
Latter part about hit jobs, yes, one does recall.
"PGurus accessed the below published three-page Income Tax Demand notice from the more than 300-page petition of Congress in the Delhi High Court:"
Author gives the said notice in photographic format.
***
"The OpIndia article written Nupur J Sharma is very clear - In February 2017, Sibal and wife purchased a company for few lakhs of rupees1. This company was formerly owned by South Africa based controversial Indian origin businessmen and by the purchase of this company at a throwaway price, Sibal and wife became the owners of the company’s plush property in Delhi worth about Rs.89 crores."
So the lady has been persecuted viciously, and her supporters butchered literally, across India, because she dared to write against the holy axis DNA family, just as Haryana CM, Khattar, got scandals thrown at him after he behaved impeccably as per law, against the same family - its suddenly obvious!
***
"Being the lead Advocate of Sonia Gandhi and Rahul Gandhi in National Herald case, to put it satirically, the Advocate Sibal appears to have learned the art from his clients. The National Herald case, in a nutshell, is that Sonia and Rahul Gandhi floated a company for just Rs.5 lakhs ($8000) capital and dubiously became the owners of Rs.2000 crores ($307 million) worth properties of National Herald newspaper publishing company Associated Journal Limited (AJL). See the similarities?!
"Sibal now relays the South African newspapers’ observation that they found nothing on Sibal’s money laundering. How can a newspaper find money laundering, that too from South Africa, on an Indian property? The newspaper report mainly concentrated on the controversial activities of South African businessmen the Guptas and Piyoosh Goyal. Meanwhile in 2013, when Sibal was a powerful Minister in UPA-2, handling Telecom, Law and IT, these Gupta brothers and Piyoosh Goyal were on the radar of the Central Bureau of Investigation (CBI) for bribing the State Bank of India (SBI) and Bank of Baroda officers. The case reached nowhere as these persons are harboured safely in South Africa. Now in 2017, their Indian company is acquired by Sibal and wife at throwaway prices reminiscent of the National Herald scam.
***
"What is ironic is that when he was arguing for The Wire website in a defamation case by BJP President Amit Shah’s son Jay Shah, Kapil Sibal argued that it was the right of journalists to ask questions! Here is a complete reversal of stand on his part when he says that he will file a case against OpIndia website for asking questions on his purchase of a company and getting a high-value land by this purchase.
"Sibal’s answers to the South African newspaper were also different at different times. Instead of making a defamation threat, it would be nice of Sibal to clear the air on the allegation. We agree that it is his prerogative to file a defamation suit, but we also need to remind Sibal the basic rule – Telling the truth is not Defamation.
"So, Mr. Sibal, when are you conducting a full-fledged press conference on these allegations reported by OpIndia website and Union Minister Smriti Irani? The nation wants to know!"
***
"The tricks of Congress leadership in National Herald case is coming to an end as the trial court has fixed for the final hearing of submission of documents for May 5. Sonia Gandhi and Rahul Gandhi were evading from the admission of their own documents filed in National Herald submitted in High Court and Supreme Court for the past few months. The problem for Sonia and Rahul is that these documents produced by them in the higher courts prove the case of their illegalities which is now ratified by the Income Tax Department’s fine of Rs.249 crores[77].
"On Saturday, appearing before the Metropolitan Magistrate Samar Vishal, petitioner Subramanian Swamy said that the accused Congress leaders either say Yes or No to the documents submitted by themselves in the higher courts, that too sworn under oath. These documents expose the scam in the National Herald newspaper acquisition in covert ways, he said. Instead of countering Swamy, Congress leaders’ advocates preferred to bring the printouts of Swamy’s tweets amounting to “defamation” against Sonia and Rahul. The advocates even brought out the article of PGurus ReTweeted by Swamy about the Income Tax Assessment Orders[78]. The advocates argued that these all amount to defamation, rather than avoiding the boomerang that will happen if they admit a Yes or a No to the documents submitted by them in the higher courts.
"Countering Congress lawyers, Swamy said that these kinds of arguments cannot go on and on and they have to explicitly admit or deny the truth about the documents. As Congress leaders were objecting to Swamy’s demand for production of documents for a long time, Swamy had produced the copies of the documents of Congress annual returns and documents of Associated Journal and Young Indian and sought Congress leaders should either deny or vouch for the authenticity of their own documents.
***
"With Congress leaders Sonia Gandhi, Rahul Gandhi and BJP leader Subramanian Swamy sparring and accusing each other, the May 5th hearing of the National Herald case is going to be an indicator of the forthcoming tussles in the high profile, politically sensitive case. Sonia and Rahul vehemently denied producing the Congress party’s documents and their company documents as demanded by Swamy and even went to the extent of neither denying nor confirming their documents produced by the BJP leader.
"Both sides traded charges for delaying the trial. “He wanted to delay the process and wanted to trade charges against us permanently by coming with new-new demands,” said the battery of Congress lawyers led by R S Cheema, Ramesh Gupta, and Rebecca John. Congress lawyers argued against Swamy’s demands the whole afternoon of more than two hours with Swamy intervening in between several times to provoke them. After heated and tit-for-tat arguments, Metropolitan Magistrate Samar Vishal posted the case to May 14 and Swamy is expected to start his replies.
"“They (Gandhis) had submitted various documents in the Supreme Court. Now, I am asking them to confront the documents (in this court). The accused should stop wasting the court's time and either admit or deny these documents,” Swamy said, reiterating that Sonia Gandhi should admit or deny whether these documents were hers.
"“Let her just say, these documents were submitted by her in Supreme Court or deny. If deny I can file another case of perjury or contempt of court. You have no choice. Either admit or deny,” Swamy said.
***
"The advocates appearing for the Gandhis, however, told the court that Swamy was wasting its time and delaying the trial by filing “unauthenticated documents” in the case. “The applications filed by the complainant are not proper. The documents which the complainant wants to be confronted are neither original nor certified. The court cannot even look at them.”
"“Every time when the complainant has to step into the witness box, he files a new application. Further, he wants summoning of documents but where are the witnesses who will authenticate them? We will admit or deny the original documents, not the photocopies. All these documents have been moved with the purpose to delay the trial and they must be dismissed,” said Congress lawyer Ramesh Gupta.
"“You just admit or deny is these are the documents you people submitted to Supreme Court by sworn affidavit. Then let us start the trial,” reiterated Swamy.
***
"Step-by-step, drip-by-drip, the long arm of the law has started catching up with Sonia Gandhi and Rahul Gandhi in the National Herald fraud. The Urban Development Ministry issued notice to the defunct National Herald newspaper publishing company Associated Journals Limited (AJL) to vacate Herald House in Delhi by November 15, citing violations in the allotment and illegal usage of the building. In the evening Congress leadership rushed to Delhi High Court and the case is posted for tomorrow (November 13)."
***
"Court Covert acquisition by Shell companies
"AJL had stopped publishing the newspaper National Herald and other two papers in Hindi and Urdu in 2008 and the public limited company is now covertly acquired in 2010 by a shell firm called Young Indian, floated by Sonia and Rahul Gandhi with 76 percent share ownership. BJP leader Subramanian Swamy in 2016, filed a complaint to Urban Development Ministry to take over the Herald House, citing the blatant violations and illegalities in the garb of journalism[97].
"From 2011, after the takeover of AJL by the shell firm floated by Sonia Gandhi and Rahul Gandhi, the Herald House was rented out to Passport Seva Kendra and the controllers of this prime property were getting Rs.80 lakhs per month.
***
"The plea of AJL, challenging the Urban Development Ministry ending the lease and asking it to vacate the premises by November 15, is scheduled to come up for a hearing Tuesday before Justice Sunil Gaur.
"The plea alleged that the Land and Development Office's order was “illegal, unconstitutional, arbitrary, tainted with malafide and without authority and jurisdiction.”
***
"The petition, filed through advocates Sunil Fernandes and Priyansha Indra Sharma, said that the Centre has warned them of action under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 if they failed to vacate the premises. One of the grounds mentioned in the L&DO order is that no press has been functioning in the premises for last at least 10 years and that it is being used only for commercial purposes in violation of the lease deed.
"After Subramanian Swamy’s case and after the bail of Sonia and Rahul in December 2015, the Congress leadership started a website of National Herald to fool the law. The Congress leadership also published once in a while some supplements of National Herald to maintain the Herald House, which is expected to be worth more than Rs.1000 crores. Some pliable journalists were also appointed to pretend as if there was newspaper activity."
***
"In a huge setback to Sonia Gandhi and Rahul Gandhi, the Delhi High Court on Tuesday ordered the eviction of Herald House, the headquarters of National Herald newspaper within two weeks, dismissing the petition filed by the publisher Associated Journals Limited(AJL). Finding no irregularity in the Urban Development Ministry’s Land and Development Office (L & DO) notice, the judgment said that there was total violation in the lease agreement by the publisher who was holding the building for the past 56 years and also said that the AJL’s takeover by Sonia Gandhi and Rahul Gandhi floated new firm Young Indian was also “questionable” “modus operandi.”
"“The ‘subject premises’ was leased out to legendary AJL for its publication, but the dominant purpose is now practically lost. This Court is constrained to observe that major portion of the ‘subject premises’ has been rented out and petitioners’ newspaper, which was to be housed originally in the basement and ground floor, has now been shifted on the top floor with hardly any ‘press activity,” said the 17-page judgment of Justice Sunil Gaur.
***
"“This Court is conscious of the fact that Young Indian Company is a charitable company, but modus operandi to acquire 99% of AJL’s share speaks volumes. The manner in which it has been done is also questionable,” said the judgment. At present AJL, which is literally owned by Sonia and Rahul controlled firm Young Indian is earning around Rs.80 lakhs per month from 2011 by renting out two floors to Passport Seva Kendra.
"Observing that there was no wrong in eviction notice, the judgment also said that petitioner’s contention that the Government move was to erase, efface and defame the legacy of Pandit Nehru was not at all acceptable. “One fails to understand as to how the ruling dispensation has in any way erased, effaced, or defamed Pt. Nehru… the allegations of malafide leveled by petitioners are bald and unspecific and so, no note of these allegations taken,” said the judgment."
***
"The AJL approached the High Court after the L & DO issued eviction notice on October 30, based on the complaint filed by Subramanian Swamy, BJP leader and petitioner in the main case. AJ was represented by Congress leader and noted lawyer Abhishek Singhvi and Government was represented by Solicitor General Tushar Mehta. The court had reserved its decision on AJL's plea on November 22.
"The High Court said AJL will have to vacate the premises at ITO here within two weeks after which proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 would be initiated.
"The L&DO had ended the lease -- entered into with AJL on August 2, 1962 and made perpetual on January 10, 1967 -- asking the company to hand over the possession by November 15. The L&DO's order had also said that failure to hand over possession would lead to initiation of proceedings under the Public Premises Act.
***
"In its plea, AJL has also said that the digital versions of English newspaper National Herald, Hindi's Navjivan and Urdu's Qaumi Awaz have commenced since 2016-17. The weekly newspaper 'National Herald on Sunday' resumed on September 24 last year and the place of publication was the ITO premises, AJL had said, adding that the Hindi weekly newspaper Sunday Navjivan was also being published since October this year from the same premises.
"Later in the evening, welcoming the judgment, the Urban Development Ministry said that, “It was found by the inspecting team of the Ministry on April 09, 2018 that no printing press was functioning at any floor of the premises and no paper stock was found anywhere.”
"“In earlier inspections also, the basement where Press machine should have been, was found vacant. Further, it was also found that almost all shares of AJL were transferred to ‘Young Indian Ltd’ having same address as that of AJL without any permission of the Ministry. As per a report of the Income Tax Department, in Young Indian Ltd., the majority of shares (76%) are held by the Gandhi family and the rest by Shri Motilal Vora and Shri Oscar Fernandes. It was also observed that instead of using the land given to AJL for Press purpose, they are earning a huge sum of money by renting out almost entire building except one floor which has negated the purpose for which the land was originally allotted,” said the Ministry in a statement."
***
"Prime Minister Narendra Modi’s timely intervention on a prompt alert by BJP leader Subramanian Swamy collapsed the Congress leadership’s attempts to issue a dubious Circular by Central Board of Direct Taxes (CBDT) to save them from the tax default case in National Herald. Shockingly, on December 31, 2018, CBDT issued a dubious Circular diluting the tax burden on the fresh issue of shares.
"This was a cunning attempt engineered by the former Finance Minister P Chidambaram, who is now the lead lawyer of Sonia Gandhi & Rahul Gandhi and with National Herald facing more than Rs.400 crores tax evasion case in the National Herald case. Congress leaders lost the case against Income Tax in all forums and now their last appeal is pending in the Supreme Court, where the case is scheduled on January 8. This dubious circular by CBDT was issued by a clever act by Congress leaders led by Chidambaram to save their High Command. The CBDT was forced to issue this order by Finance Ministry headed by Arun Jaitley. The idea was to ....
And how one can thank him for this, one has no clue, but admiration is the very least that Dr Subramanian Swamy deserves from India.
As one reads on throughthis datewise reported account, one sees law working glacial slowly, but just as inexorably, despite the attempts post 2014 by the now opposition to set fire to the nation - and the cool kept by the present government despite all the opposition efforts to abuse and worse.
One is flummoxed, too, by just how silent media has been on this!
***
" ... In a detailed FAQ posted on the party web site1, Congress tried to downplay this case as an internal matter as National Herald was started by Congress Party in the thirties."
As Dr.Subramanian Swamy pointed out when another channel said so, no, it's neither internal nor family matter, much less personal; when AJIL was begun it had been donated to and invested in by thousands of Indians out of their meager earnings, and India has a right to question when the properties given by India to this corporation, for a purpose, are subsequently treated as private commercial properties, which was explicitly forbidden at the very outset.
***
"Besides challenging the high court order of December 7, 2015, both the Gandhis have sought the stay of the proceedings before the trial court till their plea was decided by the top court and grant of exemption from personal appearance before the lower court.
"However, they have said that they would appear before the trial court as and when “desired by the magistrate in accordance with law.”"
Well, the whole scam they were perpetrating until they were exposed by Dr Subramanian Swamy was to circumvent the law in the flimsiest manner, so thinly veiled that anyone without proficiency in either law or accountancy can comprehend the said expose by Dr Subramanian Swamy.
***
"The question is the continued silence of Congress leadership on one of the biggest Income Tax dues. Is Sonia Gandhi thinking of doing some deals to hush-up the Income Tax notice with certain pliable persons in Government? Why else would Ministry of Finance not allow the Enforcement Directorate (ED) to register a case of money laundering in National Herald? The Central Bureau of Investigation (CBI) has also not been allowed to register a case of land grabbing, of land allotted to National Herald by Young Indian. Maharashtra Government is yet to act on the report of the land grabbed in Bandra[73]. The only action came from Haryana Government[74], and we are seeing so many hit jobs against the Chief Minister Manohar Lal Khattar from several quarters and also by a section of the Dynasty-Slave media houses. These entities create outrage against him and seek his resignation at the drop of a hat. Is this stony silence a plot to make some sort of a deal to hush-up the huge tax dues of Rs.249.15 crores?"
Latter part about hit jobs, yes, one does recall.
"PGurus accessed the below published three-page Income Tax Demand notice from the more than 300-page petition of Congress in the Delhi High Court:"
Author gives the said notice in photographic format.
***
"The OpIndia article written Nupur J Sharma is very clear - In February 2017, Sibal and wife purchased a company for few lakhs of rupees1. This company was formerly owned by South Africa based controversial Indian origin businessmen and by the purchase of this company at a throwaway price, Sibal and wife became the owners of the company’s plush property in Delhi worth about Rs.89 crores."
So the lady has been persecuted viciously, and her supporters butchered literally, across India, because she dared to write against the holy axis DNA family, just as Haryana CM, Khattar, got scandals thrown at him after he behaved impeccably as per law, against the same family - its suddenly obvious!
***
"Being the lead Advocate of Sonia Gandhi and Rahul Gandhi in National Herald case, to put it satirically, the Advocate Sibal appears to have learned the art from his clients. The National Herald case, in a nutshell, is that Sonia and Rahul Gandhi floated a company for just Rs.5 lakhs ($8000) capital and dubiously became the owners of Rs.2000 crores ($307 million) worth properties of National Herald newspaper publishing company Associated Journal Limited (AJL). See the similarities?!
"Sibal now relays the South African newspapers’ observation that they found nothing on Sibal’s money laundering. How can a newspaper find money laundering, that too from South Africa, on an Indian property? The newspaper report mainly concentrated on the controversial activities of South African businessmen the Guptas and Piyoosh Goyal. Meanwhile in 2013, when Sibal was a powerful Minister in UPA-2, handling Telecom, Law and IT, these Gupta brothers and Piyoosh Goyal were on the radar of the Central Bureau of Investigation (CBI) for bribing the State Bank of India (SBI) and Bank of Baroda officers. The case reached nowhere as these persons are harboured safely in South Africa. Now in 2017, their Indian company is acquired by Sibal and wife at throwaway prices reminiscent of the National Herald scam.
***
"What is ironic is that when he was arguing for The Wire website in a defamation case by BJP President Amit Shah’s son Jay Shah, Kapil Sibal argued that it was the right of journalists to ask questions! Here is a complete reversal of stand on his part when he says that he will file a case against OpIndia website for asking questions on his purchase of a company and getting a high-value land by this purchase.
"Sibal’s answers to the South African newspaper were also different at different times. Instead of making a defamation threat, it would be nice of Sibal to clear the air on the allegation. We agree that it is his prerogative to file a defamation suit, but we also need to remind Sibal the basic rule – Telling the truth is not Defamation.
"So, Mr. Sibal, when are you conducting a full-fledged press conference on these allegations reported by OpIndia website and Union Minister Smriti Irani? The nation wants to know!"
***
"The tricks of Congress leadership in National Herald case is coming to an end as the trial court has fixed for the final hearing of submission of documents for May 5. Sonia Gandhi and Rahul Gandhi were evading from the admission of their own documents filed in National Herald submitted in High Court and Supreme Court for the past few months. The problem for Sonia and Rahul is that these documents produced by them in the higher courts prove the case of their illegalities which is now ratified by the Income Tax Department’s fine of Rs.249 crores[77].
"On Saturday, appearing before the Metropolitan Magistrate Samar Vishal, petitioner Subramanian Swamy said that the accused Congress leaders either say Yes or No to the documents submitted by themselves in the higher courts, that too sworn under oath. These documents expose the scam in the National Herald newspaper acquisition in covert ways, he said. Instead of countering Swamy, Congress leaders’ advocates preferred to bring the printouts of Swamy’s tweets amounting to “defamation” against Sonia and Rahul. The advocates even brought out the article of PGurus ReTweeted by Swamy about the Income Tax Assessment Orders[78]. The advocates argued that these all amount to defamation, rather than avoiding the boomerang that will happen if they admit a Yes or a No to the documents submitted by them in the higher courts.
"Countering Congress lawyers, Swamy said that these kinds of arguments cannot go on and on and they have to explicitly admit or deny the truth about the documents. As Congress leaders were objecting to Swamy’s demand for production of documents for a long time, Swamy had produced the copies of the documents of Congress annual returns and documents of Associated Journal and Young Indian and sought Congress leaders should either deny or vouch for the authenticity of their own documents.
***
"With Congress leaders Sonia Gandhi, Rahul Gandhi and BJP leader Subramanian Swamy sparring and accusing each other, the May 5th hearing of the National Herald case is going to be an indicator of the forthcoming tussles in the high profile, politically sensitive case. Sonia and Rahul vehemently denied producing the Congress party’s documents and their company documents as demanded by Swamy and even went to the extent of neither denying nor confirming their documents produced by the BJP leader.
"Both sides traded charges for delaying the trial. “He wanted to delay the process and wanted to trade charges against us permanently by coming with new-new demands,” said the battery of Congress lawyers led by R S Cheema, Ramesh Gupta, and Rebecca John. Congress lawyers argued against Swamy’s demands the whole afternoon of more than two hours with Swamy intervening in between several times to provoke them. After heated and tit-for-tat arguments, Metropolitan Magistrate Samar Vishal posted the case to May 14 and Swamy is expected to start his replies.
"“They (Gandhis) had submitted various documents in the Supreme Court. Now, I am asking them to confront the documents (in this court). The accused should stop wasting the court's time and either admit or deny these documents,” Swamy said, reiterating that Sonia Gandhi should admit or deny whether these documents were hers.
"“Let her just say, these documents were submitted by her in Supreme Court or deny. If deny I can file another case of perjury or contempt of court. You have no choice. Either admit or deny,” Swamy said.
***
"The advocates appearing for the Gandhis, however, told the court that Swamy was wasting its time and delaying the trial by filing “unauthenticated documents” in the case. “The applications filed by the complainant are not proper. The documents which the complainant wants to be confronted are neither original nor certified. The court cannot even look at them.”
"“Every time when the complainant has to step into the witness box, he files a new application. Further, he wants summoning of documents but where are the witnesses who will authenticate them? We will admit or deny the original documents, not the photocopies. All these documents have been moved with the purpose to delay the trial and they must be dismissed,” said Congress lawyer Ramesh Gupta.
"“You just admit or deny is these are the documents you people submitted to Supreme Court by sworn affidavit. Then let us start the trial,” reiterated Swamy.
***
"Step-by-step, drip-by-drip, the long arm of the law has started catching up with Sonia Gandhi and Rahul Gandhi in the National Herald fraud. The Urban Development Ministry issued notice to the defunct National Herald newspaper publishing company Associated Journals Limited (AJL) to vacate Herald House in Delhi by November 15, citing violations in the allotment and illegal usage of the building. In the evening Congress leadership rushed to Delhi High Court and the case is posted for tomorrow (November 13)."
***
"Court Covert acquisition by Shell companies
"AJL had stopped publishing the newspaper National Herald and other two papers in Hindi and Urdu in 2008 and the public limited company is now covertly acquired in 2010 by a shell firm called Young Indian, floated by Sonia and Rahul Gandhi with 76 percent share ownership. BJP leader Subramanian Swamy in 2016, filed a complaint to Urban Development Ministry to take over the Herald House, citing the blatant violations and illegalities in the garb of journalism[97].
"From 2011, after the takeover of AJL by the shell firm floated by Sonia Gandhi and Rahul Gandhi, the Herald House was rented out to Passport Seva Kendra and the controllers of this prime property were getting Rs.80 lakhs per month.
***
"The plea of AJL, challenging the Urban Development Ministry ending the lease and asking it to vacate the premises by November 15, is scheduled to come up for a hearing Tuesday before Justice Sunil Gaur.
"The plea alleged that the Land and Development Office's order was “illegal, unconstitutional, arbitrary, tainted with malafide and without authority and jurisdiction.”
***
"The petition, filed through advocates Sunil Fernandes and Priyansha Indra Sharma, said that the Centre has warned them of action under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 if they failed to vacate the premises. One of the grounds mentioned in the L&DO order is that no press has been functioning in the premises for last at least 10 years and that it is being used only for commercial purposes in violation of the lease deed.
"After Subramanian Swamy’s case and after the bail of Sonia and Rahul in December 2015, the Congress leadership started a website of National Herald to fool the law. The Congress leadership also published once in a while some supplements of National Herald to maintain the Herald House, which is expected to be worth more than Rs.1000 crores. Some pliable journalists were also appointed to pretend as if there was newspaper activity."
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"In a huge setback to Sonia Gandhi and Rahul Gandhi, the Delhi High Court on Tuesday ordered the eviction of Herald House, the headquarters of National Herald newspaper within two weeks, dismissing the petition filed by the publisher Associated Journals Limited(AJL). Finding no irregularity in the Urban Development Ministry’s Land and Development Office (L & DO) notice, the judgment said that there was total violation in the lease agreement by the publisher who was holding the building for the past 56 years and also said that the AJL’s takeover by Sonia Gandhi and Rahul Gandhi floated new firm Young Indian was also “questionable” “modus operandi.”
"“The ‘subject premises’ was leased out to legendary AJL for its publication, but the dominant purpose is now practically lost. This Court is constrained to observe that major portion of the ‘subject premises’ has been rented out and petitioners’ newspaper, which was to be housed originally in the basement and ground floor, has now been shifted on the top floor with hardly any ‘press activity,” said the 17-page judgment of Justice Sunil Gaur.
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"“This Court is conscious of the fact that Young Indian Company is a charitable company, but modus operandi to acquire 99% of AJL’s share speaks volumes. The manner in which it has been done is also questionable,” said the judgment. At present AJL, which is literally owned by Sonia and Rahul controlled firm Young Indian is earning around Rs.80 lakhs per month from 2011 by renting out two floors to Passport Seva Kendra.
"Observing that there was no wrong in eviction notice, the judgment also said that petitioner’s contention that the Government move was to erase, efface and defame the legacy of Pandit Nehru was not at all acceptable. “One fails to understand as to how the ruling dispensation has in any way erased, effaced, or defamed Pt. Nehru… the allegations of malafide leveled by petitioners are bald and unspecific and so, no note of these allegations taken,” said the judgment."
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"The AJL approached the High Court after the L & DO issued eviction notice on October 30, based on the complaint filed by Subramanian Swamy, BJP leader and petitioner in the main case. AJ was represented by Congress leader and noted lawyer Abhishek Singhvi and Government was represented by Solicitor General Tushar Mehta. The court had reserved its decision on AJL's plea on November 22.
"The High Court said AJL will have to vacate the premises at ITO here within two weeks after which proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 would be initiated.
"The L&DO had ended the lease -- entered into with AJL on August 2, 1962 and made perpetual on January 10, 1967 -- asking the company to hand over the possession by November 15. The L&DO's order had also said that failure to hand over possession would lead to initiation of proceedings under the Public Premises Act.
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"In its plea, AJL has also said that the digital versions of English newspaper National Herald, Hindi's Navjivan and Urdu's Qaumi Awaz have commenced since 2016-17. The weekly newspaper 'National Herald on Sunday' resumed on September 24 last year and the place of publication was the ITO premises, AJL had said, adding that the Hindi weekly newspaper Sunday Navjivan was also being published since October this year from the same premises.
"Later in the evening, welcoming the judgment, the Urban Development Ministry said that, “It was found by the inspecting team of the Ministry on April 09, 2018 that no printing press was functioning at any floor of the premises and no paper stock was found anywhere.”
"“In earlier inspections also, the basement where Press machine should have been, was found vacant. Further, it was also found that almost all shares of AJL were transferred to ‘Young Indian Ltd’ having same address as that of AJL without any permission of the Ministry. As per a report of the Income Tax Department, in Young Indian Ltd., the majority of shares (76%) are held by the Gandhi family and the rest by Shri Motilal Vora and Shri Oscar Fernandes. It was also observed that instead of using the land given to AJL for Press purpose, they are earning a huge sum of money by renting out almost entire building except one floor which has negated the purpose for which the land was originally allotted,” said the Ministry in a statement."
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"Prime Minister Narendra Modi’s timely intervention on a prompt alert by BJP leader Subramanian Swamy collapsed the Congress leadership’s attempts to issue a dubious Circular by Central Board of Direct Taxes (CBDT) to save them from the tax default case in National Herald. Shockingly, on December 31, 2018, CBDT issued a dubious Circular diluting the tax burden on the fresh issue of shares.
"This was a cunning attempt engineered by the former Finance Minister P Chidambaram, who is now the lead lawyer of Sonia Gandhi & Rahul Gandhi and with National Herald facing more than Rs.400 crores tax evasion case in the National Herald case. Congress leaders lost the case against Income Tax in all forums and now their last appeal is pending in the Supreme Court, where the case is scheduled on January 8. This dubious circular by CBDT was issued by a clever act by Congress leaders led by Chidambaram to save their High Command. The CBDT was forced to issue this order by Finance Ministry headed by Arun Jaitley. The idea was to ....
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