Bilkulonline.com, New Delhi, July 12: The Delhi High Court on Tuesday quashed an order of a trial court summoning some documents and 2010-11 balance sheet of the Congress in the National Herald case where Congress president Sonia Gandhi and her son and party vice president Rahul Gandhi are among the accused. Ruling on an appeal filed by Congress leaders and the company Young India Ltd, Justice P S Teji observed that the lower court orders violated the “principle of natural justice” and the right to life and liberty under the Constitution.
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Justice P.S. Teji slammed the trial court to passing the order “in a casual manner without due application of mind and without giving opportunity to the opposite party to put up their arguments”.
“The facts narrated on record do not demonstrate the exercise of discretion under Section 91 of the CrPC in any other circumstance except to facilitate the evidence of the complainant”.
“Courts can summon the documents if they are relevant”.
The Congress leaders accused in the case had challenged the court order on the grounds that the trial court had failed to summon the Congress leaders to contest the plea summon the documents, according to The Indian Express.
If reports are to believed, the Congress party is all set to announce the revival of the National Herald and two other newspapers.
The Delhi High Court was hearing the pleas of Congress president Sonia Gandhi, party vice-president Rahul Gandhi and other leaders of the grand old party against a trial court order in connection with the National Herald case. The high court, in its verdict, also said “undisputedly, the complainant (Swamy) always has the right to invoke provisions of section 91 of Cr PC and court is always empowered to pass an order in the facts and circumstances of the case, keeping in view the necessity and desirability of document in situations as discussed above and by granting an opportunity of hearing to the other party”.
In December, the Gandhis were granted bail along with top Congress colleagues including party treasurer Motilal Vora.
Advocate Abhishek Manu Singhvi, appearing for accused Oscar Fernandes, had earlier told that court that the orders had been passed without application of mind and considering the relevance of such documents.
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The 27-page high court order on the basis of which the trial began made out allegations against the six office bearers of the Congress of “siphoning off the party funds in a clandestine manner”. These documents can be misutilised for other purposes.
