Suman Dubey vs Dr.Subramanian Swamy & Anr on 12 July, 2016

2. The factual matrix is that a complaint for offences under
Sections 403, 406 and 420 IPC read with Section 120B of the IPC
was filed against the accused persons, namely, Sonia Gandhi @
Edvige Albina Antonia Maino, Rahul Gandhi, Motilal Vora, Oscar
Fernandes, Suman Dubey, Sam Pitroda @ Satyanarayan Gangaram
Pitroda and Young Indian (hereinafter accused Motilal Vora, Oscar
Fernandes, Suman Dubey, Sam Pitroda @ Satyanarayan Gangaram
Pitroda and Young Indian shall be referred to as “the petitioners”)
by the respondent No.1-Dr.Subramanian Swamy (hereinafter
referred to as “complainant”). It was alleged in the complaint that
the accused persons committed fraud, cheating and other offences
against All India Congress Committee (Congress Party) and The
Associated Journals Ltd. (AJL), who are the publishers of National
Herald newspaper, which was founded under the Chairmanship of
Sh.Jawarharlal Nehru. The AJL was closed and printing of
newspapers was terminated with unpaid debt of Rs.90 crores. On
23.11.2010, Young Indian Pvt. Ltd. was incorporated with Rs.5
lakh as paid up capital in which Ms.Sonia Gandhi and Sh.Rahul

Crl.M.C. 671/16, 672/16, 1317/16, 1319/16 & 1321/16 Page 4 of 25
Gandhi were having 38% shares each. A board resolution of
Young Indian Pvt. Ltd. was passed to own the debt of AJL after
obtaining interest free loan from the Congress Party. In a board
meeting, AJL agreed to transfer its entire share equity to Young
Indian Pvt. Ltd. for Rs.50 lakhs. Accused persons were claimed to
be the office bearers of the Congress Party. It was further alleged
that AJL was having assets worth Rs.2000 crores which became
the property of Young Indian Pvt. Ltd. for a mere Rs.50 lakhs and
in this way the public money given to the Congress Party which
was exempted from Income Tax Act, was used by the accused
persons for committing fraud, cheating, misappropriation and
criminal breach of trust.

Source: Indian Kanoon

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