• Adv. Rajiv Sharma

The RSS and the BJP have always been wary of the golden legacy of the India’s freedom struggle. They remain perpetually desperate to denigrate and demolish the precious memories of the marvelous history of India as it unfolded in the first half of the 20th century. The reasons for such strange behaviour are not difficult to comprehend. The RSS and Hindu Mahasabha openly and unashamedly connived with the British and the Muslim league to sabotage the battle for independence. That is why whenever the people of India commemorate the cherished memories of our legendary freedom struggle, the RSS and the BJP become uncomfortable. Consequently, they have been spreading innuendo and lies to make people forget the remarkable events and treasured symbols of the freedom movement, shaped by ‘father of the nation’ Mahatma Gandhi and the ‘architect of modern India’ Pandit Nehru and other great leaders during those days. ‘National Herald’ Newspaper is one such important icon of the freedom struggle, which played a Stellar role in making India independent. Therefore, it is no surprise that the RSS - BJP combine has been conspiring to destroy it with all their might. During the struggle for independence, Pandit Nehru always felt the need to have an independent newspaper to bolster their efforts aimed at breaking the shackles of slavery. In 1937, he convinced other freedom fighters including Rafi Ahmad Kidwai, Purshottam Das Tandon, and Kailash Nath Katju to incorporate a ‘not for profit’ section 25 Company “Associated Journals Limited” (AJL) with an objective to publish three newspapers –‘National Herald’ in English, ‘Navjivan’ in Hindi and ‘Quami Awaz’ in Urdu.

It is worth mentioning here that in a ‘not for profit’ company, the shareholders cannot receive even a rupee out of the profit of the company. All profits are required to be re-invested in the company to fulfil its objectives. The shares of such a company can be transferred not to any individual but only to some other ‘not for profit’ company. Nehru wrote the motto of the newspapers in his own hand, “Freedom is in Peril, defend it with all your might”, which used to be printed on the masthead of the newspapers. The three publications soon became an eyesore of the British Administration, RSS, Hindu Mahasabha, and Muslim league, as they succeeded in galvanizing massive support of the people for the struggle for freedom.

Despite the restrictions and the ban imposed by the British administration, these three publications created a strong anti-imperialist and pro-independence sentiment throughout British India as well as in 562 independent princely states. Finally, the British left in 1947, but the RSS was still there to oppose the ideology being professed by the newspapers and its promoter Pandit Nehru.

The people who themselves or their parents had witnessed the freedom struggle were aware of the true colour of the RSS. Hence, they never gave any significant support to their political affiliates like the Jan Sangh or Bhartiya Janta Party for nearly 50 years after the independence. But in later years, these communal outfits began tasting some success in polarizing the Indian society on religious lines. Consequently, they were voted to power from 1998 to 2004 and then from 2014 onwards. This marked the beginning of an organized wave of vengeance and vendetta against the iconic leaders and invaluable symbols of the freedom struggle, including the ‘Associated Journals Limited’.

As stated above, the National Herald and the two other papers were closely associated with the Indian National Congress and formed a momentous part of the freedom movement. Undoubtedly, it was the sacred duty of the Party to see that the newspapers kept running in order to keep the glorious legacy of the freedom struggle alive. Hence, as and when the Newspapers ran in losses and the debts accumulated, the Congress Party gave an interest-free loan to the AJL in order to tide over the financial crisis. By 2010, these loans had risen to the tune of Rs. 90.21 crores, and the publications had shut down.

In 2010, Congress leaders Smt. Sonia Gandhi, Shri Rahul Gandhi, and others formed a ‘not for profit’ company Young India Limited (YIL) under Section 25 of the Indian Companies Act (Section 8 of the new Act). The AJL converted its debt of Rs. 90.21 crores into equity, as per the law, and allotted its equity shares worth ` 90.21 crores to YIL in lieu of the loan. After the transfer of shares, the YIL became the majority shareholder of the AJL, but it did not become the owner of its assets or properties, which remained vested in the AJL. This is called conversion of debt into equity, which is a common practice in the corporate world. It must be mentioned here that if conversion of debt into equity is stopped by amending the existing law, the whole banking system will collapse.

As stated, no real estate of the AJL was directly transferred to the YIL. The real estate properties in some cities remain legally owned by the AJL itself. No title deeds or direct transfers of immovable properties from AJL to YIL ever occurred. Only shares were issued via debt-to-equity conversion. Further, the YIL cannot distribute profits or assets to shareholders. Hence, the intent of the promoters of YIL was to make AJL debt-free and revive the newspapers and not to benefit any individual.

During all these efforts of the Congress Party to revive the legendary Newspapers, the RSS and BJP kept on playing their vicious games.

On November 1, 2012, a BJP leader Subramanian Swamy, who never had any connection with the AJL, filed a private complaint in a Delhi Court against the shareholders of the YIL. The case is still continuing after 13 years as the complainant himself is dragging it on one pretext or the other. The final word on the question of the ‘locus standi’ of the complainant is yet to come from the Supreme Court, although the lower courts have decided in favour of the complainant. Based on Swamy’s complaint, the Enforcement Directorate (ED) initiated a preliminary inquiry in August 2014 into potential money laundering aspects in the share transfer. After investigating for some time, the ED officers themselves recommended that the case needed to be closed as no money transfer was involved in the case.

But Modi and Shah had other ideas from the beginning, both of them were well aware that it was only Rahul Gandhi and the Congress Party, who possessed the courage and capability to oppose their anti-constitution and communal agenda aimed at dismantling the country’s secular and federal character. Hence, they had been making unabashed attempts at harassing and intimidating Shri Rahul Gandhi. It was, therefore, no surprise when the Modi government pressurized the ED to start investigating the same case once again.

Under pressure to conduct rigorous investigation, the ED attached the properties of the AJL and interrogated Shri Rahul Gandhi for more than 50 hours over 5 days, Smt. Sonia Gandhi for 3 sessions, and Shri Mallikarjun Kharge in June-July 2022. Such a prolonged and intensive questioning was nothing but a “state-sponsored harassment” and “intimidation” aimed at silencing the voice of the opposition leaders. In the past, only the governments in our neighbouring countries like Pakistan and Bangladesh had shown such a level of personal animosity for their political opponents.

Every time, the enforcement agencies or BJP’s henchmen like Subramaniam Swami launched a false case against Shri Rahul Gandhi, it was always accompanied by unprecedented media propaganda on hundreds of television channels, which was akin to a full-fledged media trial. All sorts of false accusations were hurled by the anchors of Godi media to tarnish the image of Shri Rahul Gandhi and other leaders of the Congress Party. But all the tyrannical moves of the Modi government and false propaganda unleashed by the Godi media were destined to flop in the end.

Despite glaring loopholes, the ED filed a legally unsustainable chargesheet in April 2025 under sections 3 and 4 of the PMLA Act against Smt. Sonia Gandhi, Shri Rahul Gandhi, Shri Sam Pitroda, and others, accusing them of money laundering involving `988 crores, even when a single rupee had not changed hands in the case.

On 16 December 2025, the Special Judge Vishal Gogne at Delhi’s Rouse Avenue Court rejected the ED’s chargesheet, refusing to take its cognizance. Although this order has finished the ED’s case, the vendetta of the Modi Government is still continuing unabated. They have asked the ED to file an appeal in Delhi High Court against the order of the special judge. The people of the country are confident that the tyranny of the government will not succeed in the face of indomitable guts and the strength possessed by the top leaders of the Congress Party. However, in view of the sheer intensity of vengeance shown by Modi government, the National Herald case will be quoted by countless future generations to showcase that how the abuse of its powers by an authoritarian and vengeful government coupled with blatant and brazen manipulations by the law enforcing agencies had failed to browbeat and intimidate a conscientious leader, who had developed in him the moral courage of Mahatma Gandhi and sagacity & vision of Pandit Nehru.

The author is General Secretary and Chief Spokesperson of Chandigarh Pradesh Congress.