The trial court on Saturday permitted BJP leader Subramanian Swamy to file fresh application seeking Government documents and accounts of Congress in the National Herald case. Congress leaders argued that as the Delhi High Court had quashed the order of the trial court summoning the documents, it should return. Magistrate lovleen ordered to return the documents, posting the next hearing of the case on August 20.
Swamy contended that there was no such direction in the order from High Court to return the documents. Congress leader's advocates RS Cheema, Ramesh Gupta and Rebeca John argued that as the earlier order was set aside by High Court the documents kept in trial court should be returned.
"There is no way I can be restricted from getting these copies of document again. I will file a complete application for summoning of documents. The order of high court does not say that these documents should be returned. The high court says I can move fresh application. I will move application for summoning of documents as permitted by high court," he said, asking the lawyers to move to Supreme Court, if not satisfied with the High Court order.
Cheema said that in pursuance to the trial court's order, some documents were summoned and they were taken on record but now after the High Court's order, these documents cannot be kept on record.
Intervening on the cross arguments between Swamy and Congress lawyers, the Magistrate posted the case to August 20. Swamy was represented by advocates Ishkaran Bhandari, Yatinder Chaudhary and Dilip Kumar.
On July 12, the High Court had set aside the trial court's orders holding that they were passed without hearing the opposite side and it violated the "principle of natural justice". Sonia Gandhi, Rahul Gandhi, party leaders Motilal Vora, Oscar Fernandez, Suman Dubey, Sam Pitroda and Young Indian Pvt ltd (YI) are accused in the case filed by Swamy.