National Herald: Delhi HC overturns trial court’s order

RSTV Bureau

File photo of Congress President Sonia Gandhi and her son, Congress Vice-President Rahul Gandhi. (Photo-PTI)

On Tuesday, the Delhi High Court set aside a trial court order in the National Herald case. On January 11 and March 11, the trial court had summoned several documents including papers from Finance and Corporate Affairs Ministries and the balance sheet of the Congress party for 2010-2011.

Justice P S Teji set aside the orders saying they were “passed in a casual manner” and “without application of mind”.

“The applications (for summoning of documents) were moved in a casual manner and the order passed on the same were also passed in a casual manner without due application of mind…The facts and circumstances mentioned above, non- issuance of notice to opposite side and impugned orders being non-speaking and without due application of mind as per the law laid down by the apex court, culminates into the impugned orders as ineffective, redundant and not sustainable in eye of law and liable to be set aside,” the court said.

The High Court’s order came on the pleas of Congress leaders Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and a company Young Indian Pvt Ltd (YI) who are accused in the case filed by BJP leader Subramanian Swamy.

The other two accused in case are Congress President Sonia Gandhi and her son Rahul Gandhi, but they had not moved the High Court against summoning of the documents. 

The High Court, in its verdict, also said “undisputedly the complainant (Swamy) always has the right to invoke provisions of section 91 of Cr PC and court is always empowered to pass an order in the facts and circumstances of the case, keeping in view the necessity and desirability of document in situations as discussed above and by granting an opportunity of hearing to the other party”.

It also made it clear that “right of complainant to move a fresh application shall not be curtailed in any circumstance.”

File photo of BJP senior leader, Subramanian Swamy in a light mood. Photo: PTI

File photo of senior BJP leader, Subramanian Swamy.
Photo: PTI

Swamy has accused the Congress leaders, including Sonia and Rahul, of allegedly conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which Young India obtained the right to recover Rs 90.25 crore which Associated Journals Pvt Ltd (AJL) owed to the Congress party.

All the accused have denied the allegations levelled against them by Swamy.

The lawyers of Congress leaders, Vora, Fernandes, Dubey and Sam Pitroda argued that there were “no reasons or objects” in the application filed by Swamy in which he had sought summoning of these documents. Their lawyers also contended that there was “no application of mind” by the trial judge while allowing the plea and the high court was entitled to reverse the order. They said that the orders passed by the trial court were “non-speaking” and, hence, cannot be sustained.

“Courts can summon the documents if they are relevant. These documents can be misutilised for other purposes. Do not permit this litigation to be a launch pad for other things,” they had said while urging the court to set aside the orders passed by the trial court.

Swamy had earlier argued that the high court should dismiss these pleas seeking stay on two decisions of the trial court, including the one summoning the 2010-11 balance sheet of the Indian National Congress (INC) in connection with the case.

(With inputs from PTI)