The trial court on Monday dismissed BJP leader Subramanian Swamy’s petition to seek documents from Government departments and the Congress in the National Herald case. However, the Court asked Swamy to file the list of witnesses and gave him opportunity to file “appropriate” petition for summoning documents again during the trial.
“In the interests of justice, last opportunity is granted to the complainant to file the list of witnesses as undertaking by him previously and also to move appropriate application for summoning of records, if he so desires,” said the Order issued by Metropolitan Magistrate lovleen. According to this order on Monday’s proceedings, Swamy has to submit reasons for each document he seeks during the trial. Responding to the order, Swamy termed the order as “perverse” one and said he will appeal.
Swamy has sought more than 100 documents from the Income Tax department, Registrar of Companies, Congress and National Herald publisher Associated Journals limited (AJl). The 24 page Order, observed that Swamy “seemed to enlarge the scope of present proceedings”.
“In these circumstances, the prayer of the complainant is nothing but a fishing enquiry which is not permitted under the law. This court feels that by seeking the above documents the complainant seems to enlarge scope of present proceedings,” the court said.
The court also said that most of the documents sought “do not seem relevant in view of context of present allegations” and “do not seem to be connected to the facts required to be proved by the complainant”.
Congress's main objection was to seek the party's balance sheet and accounts during 2010-2011 when the new company Young Indian was floated by Sonia and Rahul and payments of Rs.90 crore was given from party to AJl. The Congress version was that the financial help was given to AJl over a long period and specific accounting papers were not easily accessible.
The Magistrate has asked Swamy to provide list of witnesses by February 10, the next hearing of the case, where pre-charge evidences to start. Earlier in January, the trial court had ordered for summoning of documents from government departments and the Congress. Congress leaders Motilal Vora and Oscar Fernadez challenged this decision in the Delhi High Court. The High Court had quashed the trial court's order, citing the error in procedure for not seeking reply from the accused.