Delhi HC quashes trial court’s order
NEW DELHI: The Delhi high court on Tuesday set aside an order of a local court here summoning documents of the 2010-11 balance sheet of the Indian National Congress (INC) in connection with the National Herald case.
Justice PS Teji came down heavily on the trial court, saying the order was passed “in a casual manner without due application of mind” and without giving opportunity to the other party to put up their arguments.
Congress president Sonia Gandhi, her son Rahul, party leaders Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda, and Young Indian Pvt Ltd (YIL) are accused in the case filed by BJP leader Subramanian Swamy.
Swamy had alleged “cheating” in the acquisition of the Associated Journal Limited (AJL), publisher of National Herald, by YIL — a firm in which Sonia and Rahul each own a 38% stake.
Started in 1938 by Jawaharlal Nehru, National Herald’s circulation and financial health deterioratedoverdecades,leadingtoitsclosure in 2008 with a debt of `90 crore onitshead.Swamyhadaccusedthe Congress of loaning this money to AJL and then assigning the debt to YIL for `50 lakh — a transaction the BJP leader said amounted to cheating and a breach of trust. All the accused have denied the allegations, saying the party’s `90 crore loan to AJL was assigned to Young Indian to revive the publication.
“Non-issuance of notice to the opposite side and impugned orders being non-speaking (order where reasons for the findings are not given) and without due application of mind as per the law laid down by apex court, culminates into the impugned orders as ineffective, redundant and not sustainable in the eye of law and liable to be set aside,” Justice Teji said.
After the verdict, Swamy tweeted, “Delhi HC judgment is not on law but on procedure. I will return to Patiala House (court) for documents again and let court follow HC procedure.” The verdict said Swamy could move trial court again and also said the trial court was empowered to pass an order “keeping in view the necessity and desirability of document in situations…and by granting an opportunity of hearing to the other party”.