2. NATIONAL HERALD CASE
INTRODUCTION: The National Herald was established
in Lucknow on 9 September 1938 by Jawaharlal
Nehru.
The paper carried on its masthead the words
Freedom is in Peril, Defend it with All Your Might'
taken from a cartoon by Gabriel
Jawaharlal Nehru was an early editor of the
newspaper and until his appointment as Prime
Minister was the Chairman of the Herald's Board of
Directors.
3. PARTIES TO THE CASE
DR.SUBRAMANIYAM
SWAMY
(PETITIONER)
KAPIL SIBAL
(DEFENCE LAWYER)
VS
6. LOCUS STANDI
The right or capacity to bring an action or to
appear in a court.
SC JUDGEMENT IN BCCI CASE
PRIMA FACIE CASE: A prima facie case is the
establishment of a legally required rebuttable
presumption. It is generally understood as a
flexible evidentiary standard that measures the
effect of evidence as meeting, or tending to
meet, the proponent's burden of proof on a
given issue.
8. BREACH OF LAW
SEC 269T Of The Income Tax Act,1961
SEC 29A-C Of The Representation Of The People
Act 1951.
SEC 13A Of The Income Tax Act 1961.
YOUNG INDIAN PVT LTD
OBJECT:Inculating in the mind of youth the
commitment to ideal demographic socialistic
society to the entire population without any bias
towards any religion, race, caste and awakening
youth of India to participate in activities to
achieve such objectives .
9. KEY HEARINGS
1-11-2012 Dr. Subramanian Swamy filed a private complaint in a
private court in Delhi.
26-06-2014 Metropolitan Magistrate Ms. Gomati Manocha
summoned accused to appear in court on 7-08-2014
7-12-2015 Delhi High Court dismissed the appeals of accused
and noted "Criminal intent" in it's Judgement.
12-02-2016 Supreme Court granted the exception from personal
sppearances to the accuse.
12-07-2016. Delhi High Court set aside the Judgement of Trial
cour granting Dr. Swamy permission to access financial
statements as asked for.