Delhi HC reserves judgment in #NHCase on files

Defendants in #NHcase argued to deny access to files submitted by the government by the complainant Subramanian Swamy.

April 19, 2016

Delhi High Court reserved judgment in allowing files to be seen by Swamy

Lawyers try to slow down #NHCase, appealing to Delhi High Court to deny access to files

[dropcap color=”#008040″ boxed=”yes” boxed_radius=”8px” class=”” id=””]D[/dropcap]elhi High Court on Monday reserved its order on pleas filed by Congress leaders against the trial court order summoning files from Ministries of Finance and Corporate Matters, other agencies along with the balance sheet of the party for 2010-2011 in the National Herald case. It is expected that this judment will be out before May 5th, when the trial resumes in the Patiala Court.

“Order allowed,” Justice P S Teji said following the counsel appearing for petitioners concluded their rebuttal arguments in the problem.

Swamy has accused them of supposedly conspiring to deceive and misappropriate funds by just paying Rs.50 lakh ($75,000) where Young Indian (YI) obtained the right to recoup Rs.90.25 crore ($13.6 million) which Associated Journals Pvt Ltd (AJL) owed to the Congress party. All the accused have denied the allegations levelled against them by Swamy.

[dropcap color=”#008040″ boxed=”yes” boxed_radius=”8px” class=”” id=””]T[/dropcap]hrough the hearing today, Senior Advocate Abhishek Manu Singhvi, appearing for Fernandes, told the court that there were “no reasons or items” in the application filed by Swamy in which he’d sought summoning of these records. He asserted that there was “no application of mind” by the trial judge while enabling the plea along with the high court was entitled to rescind the order. “This court has the right to revoke the order. This order is fit for reversal,” he said.

Senior advocate RS Cheema, who also appeared for one of the petitioners, claimed the orders passed by the trial court were “non-speaking” and therefore can’t be sustained.”Courts can summon the documents whenever they are relevant.

“These documents could be mis-utilised for other purposes. Do not let this litigation be a launch pad for other things,” Cheema said while urging the court to set aside the orders passed by the trial court. Speculation is rife that the money supposedly given by Congress may not have originated from the party. For more on this, refer to the tweets of S Gurumurthy on this case.

Swamy had earlier contended that the high court should dismiss these pleas seeking stay on both trial court’s conclusion, like the one summoning the 2010-11 balance sheet of the Indian National Congress (INC) in relation to the case.

Note:
1. The conversion rate used in this article is 1 USD = 66.53 Rupees.

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