Subramanian Swamy approaches Delhi HC for production of new evidences in National Herald case during trial. HC stays trial court procedures. Asks Sonia & Rahul to respond

Delhi HC stayed the trial court proceedings on the petition by Swamy

In a new turn in the politically sensitive National Herald case, Delhi High Court on Monday stayed the trial court proceedings on the petition by BJP leader Subramanian Swamy against the trial court’s order not allowing new evidence like Income Tax Assessment Order against Congress leaders Sonia Gandhi and Rahul Gandhi. Swamy approached Delhi High Court saying the trial court erred in not allowing the new evidences during the crossing stage. Justice Suresh Kait, while issuing notice to the Gandhis’, AICC general secretary Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian (YI), sought their stand on Swamy’s plea by April 12 and stayed the proceedings in the case till then.

Swamy has moved the High Court aggrieved by a trial court order of February 11 declining, for now, his plea to lead evidences to prosecute the Gandhis‘ and the other accused in the case. The trial court had said that Swamy’s application under section 244 of the Criminal Procedure Code (CrPC) to lead evidences would be considered after his examination in the case was over.

Swamy has sought 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 Income Tax, and also directions to them to prove certain documents which are part of the case.

Subramanian Swamy assisted by Advocated Satya Paul Sabharwal argued that the Additional Chief Metropolitan Magistrate’s order totally erred by not allowing the new evidence like Income Tax’s Assessment Order exposing that Rs.414 crore tax evasion happened in the dubious takeover of National Herald Publishing company Associated Journal Limited by Sonia-Rahul firm Young Indian Pvt Ltd. He said Sonia and Rahul had already produced these Income Tax documents in their petition against Income Tax in High Court and Supreme Court and they have no right to object to the same document produced by him in the trial court. Swamy also wanted to introduce the finding of land documents of the Herald House where the Urban Development Ministry found dubious deals and violations.

“How can they (Sonia and Rahul) object the Income Tax and other Government documents exposing the scam in National Herald in trial court while they themselves produced all these documents in High Court and lost the case,” argued Swamy seeking a stay of trial procedures, asking High Court to allow his petition to introduce the documents as evidence in the trial court.

PGurus already published the detailed 105-page Income Tax Assessment Order exposing Rs. 414 crore tax evasion in the National Herald deal[1].

Swamy has sought 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 Income Tax, and also directions to them to prove certain documents which are part of the case. He also sought the summoning of journalist J Gopikrishnan as a witness who first reported the scam and in email communication with him, Rahul Gandhi categorically stated that no re-launch of the National Herald newspaper was planned.

References:

[1] National Herald Case: Read 105-page Income Tax Assessment order against Young Indian exposing Rs.414 crores gain – Jan 22, 2018, PGurus.com