The National Herald case is back in the limelight again . The case got a new twist as the SC heard the high profile case and it observed that the HC conclusions can impact fair trail. The duo of Sonia Gandhi and Rahul Gandhi have been exempted from making personal appearances in court thereby . This is huge relief for the Gandhis. Congress spokesperson after the SC hearing Abhishek Manu Singhvi expressed total satisfaction after the court observations.
It may be recalled , 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”. The Congress leaders have also challenged the Delhi High Court order on the grounds of its going into the merits of the case and making adverse observations.
Sonia Gandhi, in her petition, has said that on “one hand, high court holds that the actions of the accused ‘smacks of criminality’, and in the same breath, goes on to hold that ‘what species of criminal offence is made out is not required to be seen at this initial stage’”.
The approach of the high court “is untenable in law. It is submitted that ‘criminality’ cannot be divorced from the offences prescribed under the Penal Code. If the ingredients of the offences alleged are not at all made out even prima facie, there cannot be any ‘criminality’”, she said in her plea.