Sonia Gandhi, Rahul Gandhi and the other five accused in the National Herald case objected to Subramanian Swamy’s petition to summon new documents. In a six-page reply submitted before the New Delhi Metropolitan Magistrate Lovleen, the Congress leaders accused that Swamy is on “fishing and roving” inquiry and is attempting to open a new case against them with these documents.
Sonia and Rahul specifically objected to Swamy’s demand of summoning Congress party’s Income Tax statements of 2010-2011 the period during which the scam occurred. “That the application preferred by the Complainant (Swamy) under Sec 91 of Criminal Procedure Code (CrPC) is vague and devoid of material particulars and is on in the nature of fishing and roving enquiry which is not permissible in the law. Courts have time and again deprecated attempts to use Sec 91 CrPC for such a roving and fishing inquiry,” said the joint reply filed by Sonia, Rahul, Motilal Vora, Oscar Fernandez, Suman Dubey, Sam Pitroda and Young Indian, the controversial company floated by Sonia and Rahul to dubiously acquire National Herald publishing company Associated Journals Limited.
The arguments on this matter of summoning documents are scheduled in the trial court on October 4.
Accusing Swamy of seeking so many documents, the Congress leaders said that Swamy’s intention is to create a new case against them with these new documents. They said Swamy is going beyond the scope of enquiry and not divulging the need of the new documents.
“That the fundamental issue for consideration while going into the merits of the application revolves around the fact as to whether at this stage the complainant can go beyond the scope of enquiry in the complaint under the trial. The Complainant through this application is seeking to call for documents without divulging their necessity and desirability on the basis of the allegations made by him in his complaint. Thereby the complainant seeks to access documents in an attempt to make out a new case. The endeavour of the Complainant of not providing a list of witness also shows the malafide nature of the current petition,” said the Congress leaders.
Swamy’s demand to summon the accounts and Income Tax statement of Congress party during the scam period (2010-2011) is vehemently objected by the Congress top brass. This Income Tax statement of the scam period is expected to be boomerang on Sonia, Rahul, Vora who always claimed that the Congress party’s transfer of Rs. 90 crores ($13.41 million) to Associated Journals Limited. Moreover Income Tax authorities have unearthed dubious companies based in Kolkata transferring money to Congress as donation, which ultimately reached in Young Indian, which is totally illegal. Congress leaders said as Congress party is not an accused, its accounts should not be called. The following tweets by noted Political Commentator, Accountant and Journalist S Gurumurthy shed light on the sources of funding:
“That the complainant has sought documents from the Income Tax authorities regarding parties, which are not accused in the matter. In such a scenario, the Income Tax Act, 1961 contains Sections pertaining to confidentiality of Income Tax Records which prohibit disclosure of information of the assesses,” said Congress leaders citing several judgments on confidently of Income Tax statements.
The Congress leaders also objected to summoning of documents from the Registrar of Companies (RoC). They said Swamy had already produced these documents. “To now again summon documents from RoC falls within the parameter of a fishing and roving enquiry, as the case has already been set up by the Complainant during the course of recording of pre-summoning evidence.”
The arguments on this matter of summoning documents are scheduled in the trial court on October 4. Trial court’s earlier order of summoning documents were challenged by the Congress leaders in Delhi High Court, citing that they were not heard. The High Court had quashed the order and documents were returned to the trial court, giving permission to Swamy to file a fresh application.
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