NEW YORK: In a not-so-surprising turn of events, the Indian National Overseas Congress (INOC), a subsidiary of the Indian National Congress that heads the ruling UPA coalition government, withdrew it $100 million defamation law suit against certain individuals for allegedly defaming the Party Chief Sonia Gandhi. Karasik & Associates attorneys for INOC served a Notice of Discontinuance in the case to Justice Emly Jane Goodman of the Supreme Court of New York on September 29, which the defendants construe as a victory of "Dharmic forces".
The prominent Law Firm of Kornstein, Veisz, Wexler & Pollard represented defendants Narain Kataria, Arish Sahani and Indo Caribbean Council. The stipulation between the attorneys of the two parties was agreed to, signed and stamped in the Court on October 2. The suit withdrawal comes in the wake of an exact similar case filed by the INOC in a New Jersey Court against Sunanda Thali, Satyanarayana Dosapati, Naresh Sharma, and Mahatma Gandhi International Foundation, Inc., which was summarily dismissed by the Judge who found that the Plaintiff had no locus standi in filing such a frivolous case.
The Judge had said in that case that the case held no merit since the actual party concerned - Sonia Gandhi - would have to be present in the court if the case had to pursued. The INOC had filed these two lawsuits on the alleged grounds that Kataria, Sahani et al had defamed President of the Congress Party Sonia Gandhi, by bringing out a full page advertisement in The New York Times, dated October 6, 2007.
The advertisement was meant to coincide with Sonia Gandhi's visit to New York at the time to preside over the first International Non-Violence Day declared by the United Nations, to commemorate the birth anniversary of Mahatma Gandhi. The advertisement had questioned Sonia Gandhi's credibility to represent India on such an occasion. It further alleged she was misusing the Gandhi name for political mileage and international legitimacy although not related to the Father of the nation.
The purpose of the libel cases, it is believed by the defendants who represent predominantly Hindu groups, was to silence the voice of the critics of Sonia Gandhi through her surrogates, stifle the voice of freedom, make defendants financially bankrupt, frighten them into submission, and suppress the truth. "The two cases had generated an tremendous interest in the media, a sense of unity and brotherhood among Indian Diaspora, particularly Hindus and Sikhs, who organized fund raisers and established Hindu Support Fund to defray attorneys' fees and other related expenses incurred because of the cases," said Narain Kataria.
"It is a matter of great satisfaction and joy that the Right of Free Speech guaranteed under the First Amendment of American Constitution has been upheld by the judges.
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