Herald case: Swamy opposes plea against trial court order

New Delhi: BJP leader Subramanian Swamy on Tuesday opposed in the Delhi High Court the pleas seeking to set aside trial court order allowing summoning of documents from Ministries of Finance and Corporate Affairs, Income Tax Department and other agencies in the National Herald case.

Swamy told Justice P S Teji that he would not file a reply on the petitions filed by AICC Treasurer Motilal Vora and Young India Ltd (YI) as they have no locus in the issue.

"This is a matter of law. The fact of matter is that there is no locus standi of petitioners. There are judgements. I will not file any reply," he told the court.

The bench, which formally issued a notice to Swamy on Tuesday, has now fixed the matter for arguments on April 4.

"It has been submitted by the petitioner that formal notice was not issued to respondent (Swamy) on the last date of hearing. Let formal notice be issued.... Subramanian Swamy accepted the notice and submits that he will not file any reply," the bench said.

Vora and YI have sought stay on operation of the trial court's January 11 order.

The petitions filed through senior advocates R S Cheema and Rebecca John have said that the trial court has not heard them and the order passed on Swamy's plea was ex-parte.

"Swamy has sought all documents but no specific period has been mentioned in his application before the trial court and still his plea was allowed," Cheema had contended, adding that the January 11 trial court order must be quashed or set aside.

Swamy's plea seeking summoning of documents from the Ministry of Urban Development, Delhi Development Authority and Registrar of Companies was allowed by the trial court.

The trial court had on December 19, 2015, granted bail to Congress President Sonia Gandhi, her son Rahul Gandhi and three others - Motilal Vora, Oscar Fernandes and Suman Dubey - who had appeared in the court pursuant to summons issued earlier.

Sam Pitroda, another accused, was granted bail later on after he had appeared before the trial court.

Sonia, Rahul, Vora, Fernandes (AICC General Secretary), Dubey and Pitroda were summoned under sections 403 (dishonest misappropriation of property), 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of the IPC.

The case is based on a private criminal complaint lodged by Swamy against them of cheating, conspiracy and criminal breach of trust.

All the accused have denied the allegations leveled against them by Swamy.