National Herald asked to vacate premises in two weeks

Finding the National Herald to be a newspaper out of action, the Delhi High Court on Friday ordered the Associated Journals Limited (AJL), the owner of National Herald, to vacate its premises at Bahadur Shah Zafar Marg within two weeks restoring the possession of the property to the Land and Development Office (L&DO) of the Central Government.

The newspaper had obtained a lease to run a press on January 10, 1967 and claimed to be running a weekly newspaper. But on an inspection conducted by the L&DO, no press was found to be functioning. In the space allotted for National Herald press and office, the basement, ground and first floor of the building known as Herald House, had been let out to Passport Office. The second and third floors were let out to Tata Consultancy Agency while the fourth floor was used by AJL as its office. Citing these violations, the L&DO had issued eviction notice to AJL on October 30, 2018. Against this order, AJL led by senior advocate Abhishek Manu Singhvi approached the Delhi HC.

The order came as a huge setback to the Congress leadership as Congress President Rahul Gandhi, and senior Congress leaders Sonia Gandhi, Motilal Vora and Oscar Fernandez virtually own AJL through an unregistered company Young Indian, which acquired 99 per cent of AJL shares by way of a Deed of Assignment of December 2010.

Finding such a transfer of shares "questionable", Justice Sunil Gaur in his 17-page judgment said, "AJL has been hijacked by Young Indian Company." This was held to be a clear violation of the Perpetual Lease Deed entered between AJL and L&DO which does not allow such transfer without the permission of the lessor (L&DO) as per Clause III (13). The Court said, "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."

The judge noted that the premises were leased for the predominant purpose of running a press which was practically lost. He said, "The major portion of the 'subject premises' has been rented out and petitioners' newspaper, which was to be housed originally in the basement and ground floor, has now been shifted on the top floor with hardly any press activity."

Singhvi made strenuous efforts to convince the Court that the newspaper was very much in circulation in both print and digital format. He even attached political bias to the eviction order claiming that the ruling party at Centre wants to covertly erase and defame the legacy of Pandit Jawaharlal Nehru as he was associated with AJL during its incorporation in 1937.

The bench found no data forthcoming on the volume of circulation, leading articles, editorial policy or audited accounts of AJL to "gauge" that such a newspaper exists. On the political bias, the Court said, "one fails to understand how the ruling dispensation has in any way erased, effaced or defamed Pandit Nehru." The AJL is expected to appeal against the order before a division bench of HC.

Barren Land

The newspaper had obtained a lease to run a press on January 10, 1967 and claimed to be running a weekly newspaper. But on an inspection conducted by the L&DO, no press was found to be functioning