Of course to start with the Congress party did the obvious –
paralysed the winter session of Parliament and the little bonhomie seen – post
Bihar polls – ostensibly to pass the GST in the beginning of the session went for a
toss. Surprisingly, Mamata Banerjee backed Congress at this challenging time.
But was it a pure camaraderie of the opposition camp as Sudip Bandyopadhayay,
Trinamool Congress floor leader in Lok Sabha, said – or a “sad” issue as Mamata
herself dubbed?
Who'll Summon First Dynasty? |
“I
am the daughter-in-law of Indira Gandhi. I am not scared of anyone. I am not
disturbed,” thus asserted Sonia Gandhi, Congress president close on the heels of
the Delhi High Court dismissing her and Rahul Gandhi’s pleas
challenging summons issued to them in the National
Herald case. This in effect
sought to redefine the judicial interpretation in the country as if the members
of the first political dynasty in the country cannot be summoned by a court.
Supposedly tutored well by his
associates, Rahul again played a rather moralistic card and directly dragged
the Prime Minister into the imbroglio. “Well I absolutely see a political vendetta. This is
the way the central government functions, the way they think.....The case is
one hundred percent political vendetta. Pure political vendetta coming out of
PMO. It is their way of doing politics.....I have full faith in judiciary. We
will see what comes out in the end. Truth will come out,” he said. The BJP could not stomach the
charges lying down. While Rajiv Pratap Rudy, Minister of State for
Parliamentary Affairs, dared Rahul to substantiate his charge in Parliament on
the floor of Lok Sabha; his senior colleague M Venkaiah Naidu rejected Rahul Gandhi's contention
that the case was "100 per cent vendetta coming out of the
PMO".
Naidu in his style wondered if the Congress vice president was attacking former
Prime Minister Dr Manmohan Singh because the case was filed in 2012 when the
UPA was in power and the PMO was under Dr Singh. He also pointed out that Dr Subramanian Swamy, a BJP leader who is the
complainant in the case, was not in the saffron party when he had lodged
it.
Important issue being discussed in the corridors
of power is the timing of the whole episode. While it is an three-year old case
the murmuring is it just came at a time when the Congress camp declined to
cooperate with the government on the GST.
Floated in 1937 by Pt Jawaharlal Nehru, Associated
Journal Ltd – meant to publish The National Herald and ‘Quami Awaz’ in Urdu, decided
to cease publication of its papers altogether in 2008. To put shutters down and
payoff the remaining staff on its rolls and settle outstanding dues, the
company required Rs 90 crore.
Congress party, as it was claimed, provided an
'interest-free loan'. And as part of a gripping capitalism-thriller, in 2010 a
trust company, or a non-profit company, Young Indian set up with a paid up
capital of Rs 5 lakh. It had Sonia Gandhi and Rahul Gandhi with 38 per cent
each as share holders, and Motilal Vohra and Oscar Fernandez, both old family associates
of the Dynasty, holding the remaining 24 per cent.
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The genesis of the case – as smelt by Dr Subramanian Swamy – and now perhaps
taken cognizance of the court lies in the fact that within a month of its
formation, Young Indian took over the Rs 90 crore interest-free loan that had
been provided to AJL by paying a princely sum of Rs 50 lakh to the Congress.
The remaining amount was written off. In effect, AJL now owed Rs 90 crore to
Young Indian, among whose directors were Sonia Gandhi, Rahul, Oscar
Fernandez, Motilal Vohra, Suman Dubey and Sam Pitroda.
“The deal is a sham, bogus, and a violation of several laws
including Companies Law, the Income-Tax Act, Indian Penal Code Sections 405-08,
420, 467, and 193, Election Law, and Government Residence Allotment Rules,” Dr
Swamy, then not a BJP leader, said in 2012 when he moved the
court.
The story is akin to rags-to-riches as AJL as in
2012-13 with properties across India in cities like Delhi, Mumbai and
Allahabad, was believed to be worth more than Rs 2000 crore easily passed on Young Indian where mother-son duo have about 76 per cent shares daily.
Here let’s have a closer look at the complaints of Dr Swamy in the case:
The maverick Dr
Swamy, as is popularly described, says, “Young
Indian filed statements with the Registrar of Companies in March 2012,
disclosing that the shareholders meetings were held in Sonia Gandhi’s government-allotted
10, Janpath.
This is in violation of the law, since 10, Janpath, New Delhi, is
government-provided accommodation which cannot be used for commercial purposes
and business”.
Moreover, the former Law Minister in Chandrashekhar government –
which ironically was supported by Congress under Rajiv Gandhi - says “over 80 per cent of the persons
mentioned in the 2011 shareholders’ list filed with the RoC are deceased”, such
prominent persons such as Jawaharlal Nehru, Indira Gandhi, Sharda Prasad, and
GD Birla, as also some defunct Kolkata-based companies.
“Hence the Board
Meeting of AJPL handing over the company to Young Indian is a violation of the
Companies Act and is an offence as well as a fraud on the public”.
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