NEW DELHI: In a relief for Congress, the Delhi high court on Tuesday set aside 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.
Justice PS Teji set aside the trial court's January 11 and March 11 orders saying they were "passed in a casual manner", "without application of mind" and were "non-speaking" which makes the two decisions "ineffective, redundant and not sustainable in the eye of law and liable to be set aside".
"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.
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."
Congress president
Sonia Gandhi, her son
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 BJP leader
Subramanian 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.
Congress leaders, Vora, Fernandes, Dubey and Sam Pitroda had argued through their lawyers that there were "no reasons or objects" in the application filed by Swamy in which he had sought summoning of these documents.
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