US-based forum seeks dismissal of lawsuit over Sonia ad in NYT

NEW YORK: Faced with the USD 100 million law suit for allegedly defaming Congress President Sonia Gandhi during her visit here, two members of the so-called 'Forum for Saving Gandhi Heritage' have sought immediate dismissal of what they termed as a "politically motivated" libel action.

In a brief filed with the New York Supreme Court, their attorney Daniel J Kornstein said the "politically motivated" libel action by the Indian National Overseas Congress (INOC) should be "barred at the threshold."

Former Law Minister Subramanian Swamy, who was here recently, had consultation with Konstein before the brief was filed.

INOC, a US-based outfit that sympathises with the Congress, in its suit had contended that a full page advertisement taken out by the defendants in New York Times levelled several accusations against Sonia and her son Rahul which were defamatory in nature.

It demanded 100 million dollars in actual, compensatory, special and punitive damages in addition to costs and disbursements, legal fee and other relief that the court might deem "just, equitable and proper."

The suit was originally filed against Narain Kataria, Arish Sahani and Bharat Barai. But Barai dissociated himself with the advertisement which appeared a few days after Sonia Gandhi left New York after addressing the UN General Assembly on the occasion of Mahatma Gandhi's birth anniversary which was observed as Day of Non Violence last year.

The brief filed on behalf of Kataria and Sahani said statement in the advertisement are not "of or concerning" the plaintiff, INOC, and they were not made with "actual malice."