HC asks Swamy, Sonia, Rahul to file note on plea in National Herald case

The Delhi high court asked Bharatiya Janata Party leader Subramanian Swamy and Congress leaders Sonia Gandhi and Rahul Gandhi to file a short note on the submissions in the National Herald case.

Justice Neena Bansal Krishna directed them to file the written note on the arguments within four weeks and said thereafter, the written submissions will be accepted with costs of Rs 15,000.

The court listed the matter for arguments on October 29.

The high court was hearing a plea moved by Swamy seeking to lead evidence before the trial court in the National Herald case, in which the Gandhis and others are accused.

It had, on February 22, 2021, issued notice to the Gandhis, All India Congress Committee general secretary Oscar Fernandes (since died), Suman Dubey, Sam Pitroda and Young India, sought their stand on Swamy's plea and stayed the proceedings in the case.

The court said on Monday that the interim order of stay shall continue till the next date of hearing in the matter.

The Congress leaders were represented in the court through senior advocate RS Cheema and Tarannum Cheema.

Swamy has moved the high court against a February 11, 2021 trial court order that declined his plea to lead evidence to prosecute the Gandhis and the other accused in the case.

The trial court had said Swamy's application under Section 244 of the Code of Criminal Procedure to lead evidence would be considered after his examination in the case was over.

Swamy has sought the summoning of certain witnesses, including the secretary general (registry officer) of the Supreme Court, a deputy land and development officer and a deputy commissioner of the income-tax department, and also directions to them to prove certain documents that are part of the case.

In a private criminal complaint in the trial court, the ruling BJP leader had accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying only Rs 50 lakh, through which Young Indian Private Limited obtained the right to recover Rs 90.25 crore that Associate Journals Limited, the owner of the National Herald newspaper, owed to the Congress.

All the seven accused in the case -- the Gandhis, AICC treasurer Motilal Vora, Fernandes, Dubey, Pitroda and YI -- had denied the allegations.

The proceedings against Vora abated after his death, while the others were summoned by the trial court in 2014 for the alleged offences of misappropriation of property, criminal breach of trust and cheating.