Will file fresh application in Herald case: Swamy to court

New Delhi, Jul 16: BJP leader Subramanian Swamy today told a Delhi court that he would file a fresh application for summoning of documents in the National Herald case in which Congress President Sonia Gandhi, her son Rahul Gandhi and others are accused.

He told Metropolitan Magistrate Lovleen that the Delhi High Court has set aside the trial court's orders summoning documents from Ministries of Finance and Urban Development, Department of Corporate Affairs and Income Tax Department and balance sheet of Congress party for 2010-2011 but he has been permitted to file a fresh application.

"There is no way I can be restricted from getting these copies (of document) again. I will file a complete application for summoning of documents. The order (of high court) does not say that these documents should be returned. The high court says I can move fresh application.

I will move application for summoning of documents as permitted by high court," he said. Senior advocates R S Cheema and Rebecca John, who appeared for some of the accused, told the court that documents which were summoned earlier should be returned as the High Court has set aside the trial court's January 11, 2016 and March 11, 2016 orders.

Cheema said that in pursuance to the trial court's order, some documents were summoned and they were taken on record but now after the High Court's order, these documents cannot be kept on record. They also placed the copy of high court's order before the court.

Swamy, however, said that these documents should be kept in the court and he would file a fresh application soon. The court has fixed the matter for hearing on August 20.

On July 12, the High Court had set aside the trial court's two orders holding that they were passed without hearing the opposite side and it violated the "principle of natural justice" and right to life and liberty under the Constitution.

Sonia Gandhi, Rahul Gandhi, party leaders Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian Pvt Ltd (YI) are accused in the case filed by Swamy.

Swamy has accused them of allegedly conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which YI 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.

PTI