The Special Court fast tracks National Herald trial. Allows Swamy to produce documents and summon officials

Did the Congress leadership put itself in a tight spot in the National Herald case?

Did the Congress leadership put itself in a tight spot in the National Herald case?
Did the Congress leadership paint itself into a corner in the National Herald case?

The two-year-long fierce arguments and counter-arguments for production of documents in the National Herald case between BJP leader Subramanian Swamy and Congress leadership came to an end on Saturday, with the Special Court ordering for examination of petitioner Swamy from July 21 and allowing him to produce the documents and summoning of officials to authenticate it. Meanwhile, the Additional Chief Metropolitan Magistrate Samar Vishal rejected Swamy’s demand for admit or deny by main accused Sonia Gandhi on the documents produced by him. The newly formed designated court for the trial of MPs and MLAs was also ordered to complete the trial in the politically sensitive case to be finished within a year.

The Delhi High Court recently ordered that Young Indian should deposit Rs.10 crores if they wanted to appeal against the Income Tax fine of Rs.249 crores.

Congress leaders including Sonia Gandhi and Rahul Gandhi were vehemently objecting to Swamy’s demand for production of documents from 2016. Earlier, the trial court had ordered for production of documents in January 2016 and High Court has quashed the order citing that the trial court did not hear the version of the accused before passing the order. After this Swamy’s fresh petition for summoning documents were rejected by the court, citing that the demand vas very vague and for a large number of documents and not specific.

Later Swamy made another petition under Section 294 of the Criminal Procedure Code (CrPC) for the admission or denial of documents by the accused, citing that the same documents he wanted were already produced by Sonia Gandhi in the Supreme Court. This was considered as a goof-up by Congress lawyers when Delhi High Court upheld the summoning of Congress leaders in December 2015. To prevent the trial, the lawyers approached the Supreme Court and in haste attached many documents which were self-incriminating, say legal experts. They say Swamy filed a petition under Section 294 of CrPC to put Sonia Gandhi in a tight spot. If she admits these documents, she herself admitted the case and if she denies, then perjury case can be filed, they add.

“The contention of the complainant is that these are the documents of accused themselves as they were filed along with the Special Leave Petition filed by one of the accused (Sonia Gandhi) in Supreme Court. Be that as it may, this will not give a right to the complainant to get these copies mandatorily admitted or denied by the accused. None of the accused are stated to be the author of any of these documents. The purpose of Section 294 is to truncate the trial but this does not mean that rules of evidence can be compromised with,” said the Order dismissing Swamy’s demand.

Observing delay for more than two years in the trial, Additional Chief Metropolitan Magistrate Samar Vishal said that after his examination, Swamy can produce the documents and its authenticity can be verified by summoning the concerned officials. Apart from the National Herald newspaper publishing company Associated Journal Limited and Young Indian firm’s documents, Swamy wanted authentication of crucial Income Tax Order indicting Sonia and Rahul owned firm Young Indian for hushing up the taxable income of Rs.415 crore and fining of Rs.249 crores.

This Income Tax Assessment Order clearly exposes the fraud committed by the top Congress leadership in grabbing the Rs.5000 crores worth land assets and buildings of Associates Journals Limited (AJL) spread across in many cities across the country. The Delhi High Court recently ordered that Young Indian should deposit Rs.10 crores if they wanted to appeal against the Income Tax fine of Rs.249 crores. The IT Order also exposed that Congress claim of giving Rs.90 crores loan to AJL was totally wrong.

“In these circumstances, keeping in view of the fact the trial is getting delayed, it has to be put in back on the right track. Therefore, in order to streamline this trial, it is directed that the complainant shall first examine himself as the first witness of the prosecution and shall lay the foundation of his case. Thereafter, the witnesses, officials or otherwise to prove the documents by with the complainant further want to prove his case shall be summoned,” said the Special Court, fast-tracking the politically sensitive case.

Here is the complete order, by the Addl Chief Metropolitan Magistrate, Patiala House Courts, New Delhi:

NH order by PGurus on Scribd

14 COMMENTS

  1. Eagerly waiting to see them going in Jail…Salute to Mr. Swamy who is running them to get them behind bars..!!

  2. Our prayers & well wishes with Dr. Swamy for his ONE man army approach. BJP should hung their head in shame for they are party to block the natural justice system. Dr. Swamy is India & true India & it is NOT BJP.

  3. FAST TRACKING??!!! – Postponing the next hearing by 2 months & you call it FAST TRACKING??!!

    Establish a CORRUPTION FREE GOVERNMENT – by itself will not suffice. All the corrupt Netas should have been behind bars by now. Modi’s track record in this direction is pathetic and miniscule. – All whatever has been done till date seems to have to be because of the sustained and unrelenting efforts of a Single soul called Swami.

    The corrupt netas still have the temerity to form an unholy alliance to fight the first ever strong Government that can be beneficial to our nation.

    UP and Karnataka should be cause of concern – because the corrupt opposition parties may be able to dent the BJP votes. Before any such thing happens, BJP should expose and prosecute the Mayavathi, Pappu, Devegowda, the Yadavs of UP

    • Modi is doing absolutely the right thing. He in his first tenure and cannot effort to build up enemies. He has to make a firm base for the progress of India. Those things will be done in his next tenure. 2014 saw his assurance of making India developed. 2019 will see if the work he has tirelessly done is appreciated by the people. If he wins the 2019 election it will mean that his action is appreciated by the people. It will mean that people are in his side and he can make enemies then. You will see very big changes in the second tenure. Some say he is following Margaret Thatcher.

  4. People who follow the NH case are convinced that the mother son duo and associates are guilty of misappropriation of funds and other criminal acts for personal gain. But the court wants to give a very long rope to the accused and the Modi govt. prefers to look away although incriminating documents are available with IT Dept. to facilitate quick conviction. Modi govt. is not acting fast on corruption issues concerning particularly the opposition party and the congress. One wonders if there is any quid pro quo as Congress may have some critical info up their sleeve against BJP leaders. At this rate, there appears to be a big vacuum in the country for decent and honest politicians who want to serve the people without any selfish motives. Will some new force emerge on the horizon before next election to offer a better choice for the people is what many are eagerly looking for.

    • Congress even if get into quid pro quo then will ditch Modi and company at appropriate time the Italian woman and her son have no love lost they have proved that if required they will sell Bharath matha for a pittance

  5. What is amazing is Mr Narendra Modi who was ranting and whining against the Gandi Dynast & Other Secular Thugs corruption list from AtoZ is doing nothing to punish them! In fact he is blocking in proceedings and protects/promotes corrupts!!! All Politicians r corrupt thugs. The only hope is Dr Swamy.

  6. while argument stage every thing seems to be correct, and final judgement will be surprise every body, like navjot sidhu has to pay Rs.1000/- for road rage, and salman khan, for not wearing seat belt or helmet you are challan for not less than rs.1000/-, judiciary in their pockets, and the judgement will be no surprise saying no proper evidence, in indian judiciary only culprit accepts then it is proved, it never happens, lets hope for the best at least once

    • This is the problem with us. Things will not be like what you said always. We are sure that the next election strategy meet wii be held at Tihar.

  7. Law of nature is very clear . You pay when you commit crime . Karma principle applies to all . Raja Janak paid when he killed some one accidently . All we need honest judge or mighty nature will punish

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