Expressing its keenness to appear "fair to all", the Supreme Court on Friday refused to quash criminal proceedings against Congress party president Sonia Gandhi, vice president Rahul Gandhi and other top Congress brass in the National Herald case but expunged remarks made by the Delhi High Court pinning "criminal intent" on them even before the trial has started.
A bench of Justices J.S. Khehar and C. Nagappan even granted the accused Gandhis and Congress leaders exemption from personal appearance in the Magistrate court for future hearings.
Justice Khehar said this would only create more "chaos" and cause more inconvenience than convenience.
The accused, who are out on bail in the case, were scheduled to appear before the trial court in the case on February 20.
Personal exemption was granted despite objections raised by BJP leader and complainant Dr. Subramanian Swamy, who quoted the 2011 TGN Kumar versus State of Kerala ruling of thd Supreme Court which mandated that it is the exclusive prerogative of the Magist rate to grant accused exemption from personal appearance.
"These are prominent persons Mr. Swamy... They will not run away. If they go to court, there will be chaos. What is the difference now? EIt her we will grant them exemption or the Magistrate will do so on their application..." Justice Khehar said.
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