National Herald case: Court dismisses Swamy's application


New Delhi, May 26 (PTI): A Delhi court today dismissed an application by BJP leader Subramanian Swamy in the National Herald case, seeking a direction to Congress chief Rahul Gandhi, his mother Sonia Gandhi and other accused to either admit or deny if certain documents filed by him were original.

Additional Chief Metropolitan Magistrate Samar Vishal dismissed the plea, saying that none of the accused was stated to be the author of any of the documents.

"When the documents themselves are not admissible (the question of relevancy apart) in evidence due to some legal bar, the accused justifies himself legally in his decision to neither admit or deny those documents.

"Therefore, for the aforesaid reasons mentioned, the application under section 294 CrPC for directing accused to admit or deny the documents cannot be allowed," the court said in its order.

The BJP leader, in a private criminal complaint, has accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying just Rs 50 lakh, through which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore that Associate Journals Ltd owed to the Congress.

The court also disposed of two other applications filed by Swamy -- one seeking certain documents from the Congress party and other urging the magistrate to take on record certain documents related to the Income Tax department -- saying they will be decided on the later stage.

It said that the "relevancy and admissibility" of the two applications shall be decided at the stage of evidence or judgement as the case may be.

All the seven accused - the Gandhis, Motilal Vora (AICC treasurer), Oscar Fernandes (AICC general secretary), Suman Dubey, Sam Pitroda and YI - have denied the allegations levelled against them in the case.

The court had summoned the accused persons, besides YI, on June 26, 2014.

On December 19, 2015, it had granted bail to Sonia Gandhi, Rahul Gandhi, Vora, Fernandes and Dubey, who had appeared before it pursuant to the summonses. Pitroda was also granted bail on February 20, 2016 when he had appeared in the court.

Sonia Gandhi, Rahul Gandhi, Vora, Fernandes, Dubey and Pitroda had been summoned for the alleged offences of misappropriation of property, criminal breach of trust and cheating, read with criminal conspiracy of the Indian Penal Code.

  

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Comment on this article

  • Declan, Mumbai

    Sun, May 27 2018

    Subramanian Swamy remembers to be honest depending on which side he is supporting. He is mute, dumb and blind to Modi's lies because now he is with the BJP. Truth which is not whole but only partial and selective is still a lie. That is Subbu Swamy for you.

    DisAgree [1] Agree [8] Reply Report Abuse

  • Valerian D'Souza, Udupi / Mumbai

    Sat, May 26 2018

    Hatred spilling swami,
    Never filed any case for raising crude oil prices,
    Never filed any case for Vyapam witnesses deaths
    Never filed any case for Fleeing Lalit Modi, Nirav Modi and Vijay Mallya
    Never filed any case Ms. Munde's Chikki Scam.
    Never filed any case against polluting Stelite Copper factory in Tuticorn.
    List is endless. Is it not protecting corrupt? With whom he is? Is he really concerned of corruption? Guess!

    DisAgree [5] Agree [46] Reply Report Abuse

  • Rathan, Mangalore

    Sun, May 27 2018

    Valerian
    Who prevented you from filing case for the causes cited by you.?you ppl want somebody else to take care for you ? If Swamy files case as per his wishes / feelings
    who r you to question him to file cases for a particular item or not

    DisAgree [6] Agree [1] Reply Report Abuse

  • Amith, USA

    Sun, May 27 2018

    "File the case " is the easy escape route of the Chaddi Gang!!!! Where as why Chaddis are SHY of filing the same against 2G, 3G , GIJAJII ........etc??? Why they are keep on BARKING??????

    DisAgree Agree [5] Reply Report Abuse

  • Arman, DUBAI

    Sun, May 27 2018

    Because except Bhakths no one wearing Pink and Khakhi chaddis. So others cant get any government support but harassment for filing such cases against ruling government. Yes, people are fighting their own war in these times only swami's and corporates seem enjoying Modi govt.

    DisAgree Agree [2] Reply Report Abuse

  • Harish, Kadaba

    Sat, May 26 2018

    Justin chamalesvar group?☺️

    DisAgree [8] Agree [12] Reply Report Abuse

  • Chetan, Udupi

    Sat, May 26 2018

    This fake swamy has finished all the parties in India. Now doing some monkey business to attract attention. Just ignore him

    DisAgree [4] Agree [36] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sat, May 26 2018

    Shame on BJP's Subramanian Swamy ...

    DisAgree [7] Agree [42] Reply Report Abuse

  • Jenifer, Mangalore

    Sat, May 26 2018

    Kyaa Naatak hai yaar ??? Who made this Subbu a Lawyer ?

    My dream of seeing the Gandhis at-least for a day in jail within 100 days of Modi coming power was already shattered, I was pinning hopes on Subbu - now his LLB certificate too seems to be fake !

    DisAgree [6] Agree [44] Reply Report Abuse

  • Amith, USA

    Sat, May 26 2018

    Jenifer, Mangalore : Your wishes will be fulfilled in 2019 but in some other way!!!!! you won't see Gandhis in Tihar instead you will see in TIHAR, Frying PAKODAS, Tihari Birds multiflying Indian rupees from 50 thousand to 80 crores and one Mental ward!!!!!!

    DisAgree [4] Agree [28] Reply Report Abuse

  • Jenifer, Mangalore

    Sun, May 27 2018

    Is this one more 'Modi Promise' he made when he visited you in the US ??

    DisAgree Agree [7] Reply Report Abuse

  • Amith, USA

    Sun, May 27 2018

    NO! I met him in Hotel Taj Mahal at Hampankatte!!!!!

    DisAgree [1] Agree [3] Report Abuse

  • geoffrey, hat hill

    Sun, May 27 2018

    FYI, he's not a lawyer. In fact during Italian marines case hearing, when he was trying to act too smart, CJI reprimanded him 'Who are you? You are not an advocate' and as if that wasn't enough, Subbu was asked to vacate his seat from the front row that was meant for lawyers.

    DisAgree [1] Agree [4] Reply Report Abuse

  • Truth teller, Karnataka

    Sat, May 26 2018

    Nachige ijjya nanala undu shameless swamigu.....he has been taken into BJP just to keep Sonia and Rahul busy in court cases till elections in 2019!!!. They very well know these cases won't stand in court just like Jayalalithaa and 2G cases!!!!

    DisAgree [4] Agree [32] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sat, May 26 2018

    BJP leader Subramanian Swamy's documents are also FAKE ...

    DisAgree [6] Agree [40] Reply Report Abuse

  • Amith, USA

    Sat, May 26 2018

    Susamy, is himself a Fake & Fraud " NUT"

    DisAgree [2] Agree [29] Reply Report Abuse


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Title: National Herald case: Court dismisses Swamy's application



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