Bharatiya Janata Party (BJP) leader Subramanian Swamy on Monday said that he would file an appeal in the Supreme Court in connection with the National Herald case.
Swamy’s assertion came after a Delhi Court dismissed his plea seeking documents from the Congress Party in connection with this case. “I will appeal to the Supreme Court on Patiala House Court’s order. The law is very clear that I am entitled to ask the court and summon the documents in possession of certain institutions,” he said.
Rejecting Swamy’s plea, the Patiala House Court earlier in the day observed that the order was passed without giving any notice or opportunity of hearing to the opposite side. The court also directed Swamy to move the trial court again with a similar plea. Swamy alleged that the National Herald took lots of benefits from the then government.
Swamy has accused Congress president Sonia Gandhi and party vice-president Rahul Gandhi of allegedly conspiring to cheat and misappropriate funds by just paying Rs. 50 lakh through which Young Indian obtained the right to recover Rs. 90.25 crore that the Associated Journals Ltd owed to the grand old party. Besides the Congress president and her son, party leaders Motilal Vora and Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian are accused in this case.
The court has now put up the matter on February 10 for pre-charge proceedings.
On Swamy’s plea, the trial court in its January 11 and March 11 orders had sought documents from Ministries of Finance and Urban Development, Department of Corporate Affairs and Income Tax Department and 2010-11 balance sheet of the Congress party in the case, which were submitted by the INC and AJL on April 8. However on July 12, Delhi High Court had set aside both the orders of the trial court saying they were passed in a “casual manner” and “without application of mind”.
Swamy then filed a fresh application before the trial court seeking summoning of certain documents while the Congress leaders and AJL sought the return of documents including its balance sheet, which had been submitted in the court. In this application, Swamy had sought documents relating to a loan given by the Congress to the AJL, the holding firm of the National Herald, saying these were necessary for the purpose of trial.
During the hearing on December 9, the counsel appearing for the accused had told the court that Swamy was seeking a “fishing and roving enquiry” in the case by calling for documents from the party and the AJL as he wanted to make out a “new case” against them. Swamy, however, had termed the allegation as baseless and said his demand was legitimate.
The court had on June 26, 2014, summoned Sonia, Rahul, Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda as accused in the case besides YI. It had on December 19, 2015, granted bail to Sonia, Rahul, Vora, Fernandes and Dubey, who had appeared before it pursuant to summons. Pitroda was granted bail on February 20 when he had appeared in the court. Sonia, Rahul, Vora (AICC Treasurer), Fernandes (AICC General Secretary), Dubey and Pitroda were summoned for alleged offences under section 403 (dishonest misappropriation of property), 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of the IPC.