National Herald: Setback for Swamy, HC sets aside trial court order

In what would be termed a setback for BJP parliamentarian Subramanian Swamy, the Delhi high court on Tuesday rejected a trial court orders summoning documents from the ministries of finance and corporate affairs and other agencies and balance sheet of the party for 2010-2011 in the National Herald case.

Swamy has accused Sonia and Rahul Gandhi, including party leaders Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian Pvt Ltd (YI), of corruption in what is known as the National Herald Case. He has accused them of using a shell firm to illegally take over assets and properties worth 300 million dollars that belonged to a company that published the National Herald, a newspaper founded by Gandhi's great-grandfather, Jawaharlal Nehru, the first Prime Minister of India.
 

On Tuesday, a Delhi high court bench comprising of Justice PS Teji set aside a previous order issued by a lower court on January 11 and March 11.

"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.

It further said, "In view of the above discussion and law laid down, as referred above, this court is of the considered opinion that while the passing order under section 91 of CrPC for summoning the documents, if the other party has already joined the proceedings, it is entitled to be heard.

"Consequently, the orders dated January 11, 2016, and March 11, 2016, are hereby set aside along with proceedings consequent thereto."

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 BJP MP later took to Twitter and clarified:

Court ruled I should reapply for the documents again-to which I am entitled, but the Patiala Court should hear the objection of TDK if any.

— Subramanian Swamy (@Swamy39) July 12, 2016

What I heard was I was entitled to the documents but it was exparte given so I should go back to Patiala Court ask again and TDK be heard.

— Subramanian Swamy (@Swamy39) July 12, 2016

• National Herald case
• subrahmanyan swami
• sonia gandhi
• rahul gandhi
• Delhi High Court