India Post News Service

NEW JERSEY: A Superior Court of New Jersey last week dismissed summarily a defamation case seeking $100 million by the Indian National Overseas Congress (INOC) against individuals representing the Forum for Gandhi Heritage, who had run an advertisement in New York Times last year, criticizing Congress Party Chief Sonia Gandhi.

Last year, a group of Hindu activists under the banner of the Forum for Gandhi Heritage had published a nearly $65,000 full page advertisement in the New York Times during the visit of Congress Party chief and the ruling UPA Chairperson Sonia Gandhi to the United Nations to represent India for the International Non Violence day in honor of Mahatma Gandhi. The ad had detailed Sonia Gandhi's alleged anti-Hindu activities.

The Court in Monmouth County on Aug 20, ruled that the INOC had no case since it was neither directly mentioned in the advertisement nor were the statements in the ad directed against it. "The advertisement attacks Ms. Gandhi personally. There were references to her political party, but that political party is not the plaintiff (INOC). It is clear to the Court that the plaintiff has no real interest in the outcome of the case since it is not the one who is being libeled. It is impossible for the Court to determine how references to Ms. Gandhi relate to the plaintiff," the Judge said.

Andrew Miller, attorney for INOC argued that the purpose of the ad was to the attack the arm of the Indian National Congress that operates in the US. Specifically, he said, the ad advertisement had cost the INOC at least $200,000 in lost donations and support it would have received. "They (the defendants) used the prestige and power of the New York Times, specifically to go after the Party's attempt to generate support in the US and they achieved that."

At the outset of the arguments itself the judge determined that the 'right parties' to the case (Sonia Gandhi) was not present to pursue the complaint, and that the INOC did not have a case since it was not even mentioned in the ad. Marc Haefner, attorney for the defendants argued that none of the defamatory statements in the ad refer to the INOC. "That there is some relationship alleged between the INOC, which is a New York corporation and the Indian Congress Party which is a political party, the largest political party in India and there is then some further relationship between that Party and Sonia Gandhi is not sufficient to state a case of action for defamation," he said.

The judge indicated that if the case had to be pursued then Sonia Gandhi would have to personally be present in court. Reacting to the dismissal of the case, the Forum for Gandhi Heritage, on behalf of the defendants expressed appreciation for the fairness of the judicial system in America. "It is our dream, that one day in India, people can speak openly and be able to bring to justice the corrupt politicians without having to worry about reprisals and repercussions, the Forum said in a statement.