The Delhi High Court has noted that AJL, which owns the National Herald newspaper, has been ‘hijacked’ by the Gandhis’ Young Indian Company.
New Delhi: The Delhi High Court Friday questioned the modus operandi used to acquire 99 per cent of the shares owned by Associated Journals Limited (AJL), which owns the Congress-linked newspaper National Herald.
In an indirect indictment of Sonia Gandhi and Rahul Gandhi, along with the majority shareholders of AJL, Motilal Vora and Oscar Fernandes, Justice Sunil Gaur noted: “By transfer of AJL’s 99 per cent shares to Young Indian Company, the beneficial interest of AJL’s property worth Rs 413.40 crore stands clandestinely transferred to Young Indian Company. In fact, AJL has been hijacked by Young Indian Company…”
“Though in the instant case, beneficial interest of petitioner — AJL is not technically transferred by way of sale/mortgage/gift, but it falls under the last category of ‘or otherwise’, as by the afore-noted novel modus operandi, AJL has been taken over by Young Indian Company for all practical purposes,” the court said.
“This court is conscious of the fact that Young Indian Company is a charitable company, but modus operandi to acquire 99 per cent of AJL’s shares speaks volumes. The manner in which it has been done is also questionable.”
On 12 November, AJL had challenged a 30 October eviction order issued by the Centre, which had cancelled its 56-year-old lease on Herald House, situated at ITO, New Delhi.
The high court ordered the publisher to vacate the Herald House within two weeks, “since the dominant purpose for which the “subject premises” was leased out “no longer exists”.
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No press activity
In its order, the high court noted that Herald House was leased out to AJL for its publication of National Herald, but the dominant purpose is now practically lost. The court further noted that a major portion of the building has been rented out and the office of the newspaper, which was to be housed originally in the basement and ground floor, has now been shifted to the top floor with hardly any “press activity”.
If the premises are not vacated within two weeks, the government may initiate proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, the high court said.
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No mala fide in eviction notice
Furthermore, the high court also dismissed averments that the ruling dispensation issued the eviction order with malafide and oblique motives. It also dismissed the charges that the government adopted “covert and overt measures to erase, efface and defame the legacy” of Jawaharlal Nehru.
The court pointed out that AJL could provide “no instances” to support the serious allegations. “It has not been shown as to how the impugned order is vitiated by mala fide or what is the bias. It is not spelt out as to what is the oblique motive in passing of the impugned order. One fails to understand as to how the ruling dispensation has in any way erased, effaced or defamed Pt. Nehru,” it stated.
“To say the least, the allegations of mala fide are preposterous and no note of these allegations is required to be taken. In the instant case, the allegations of mala fide levelled by petitioners are bald and unspecific and so, no notice of these allegations is taken,” Justice Gaur noted in his 17-page order.