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Court orders the return of Congress financial documents in National Herald case

The documents were returned since the orders and proceedings summoning them were set aside by the HC on July 12

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A trial court at Patiala house court ordered the return of the financial documents belonging to the Congress party to the appropriate authorities. The order comes close on the heels of a July 12 high court order that set aside the order and proceedings pertaining to the summoning of the above mentioned documents.

Metropolitan Magistrate Lovleen passed the order after senior advocates RS Cheema and Rebecca John, who appeared for some of the accused, told the court that documents which were summoned earlier should be returned as the high court has set aside the trial court’s 11 January 2016 and 11 March 2016 orders.

Rajya Sabha Member of Parliament Subramanian Swamy on Saturday submitted that he would file a fresh application for summoning of documents in the National Herald case in which Congress president Sonia Gandhi, her son Rahul Gandhi and others are accused.

Swamy told the court that even though the Delhi high court has set aside the trial court’s orders summoning documents from ministries of finance and urban development, department of corporate affairs and income tax department and balance sheet of Congress party for 2010-201, he has been permitted to file a fresh application.

“There is no way I can be restricted from getting these copies (of document) again. I will file a complete application for summoning of documents. The order (of high court) does not say that these documents should be returned. The high court says I can move fresh application. I will move application for summoning of documents as permitted by high court,” he said.

The court has fixed the matter for hearing on 20 August.

On 12 July, the high court had set aside the trial court’s two orders holding that they were passed without hearing the opposite side and it violated the “principle of natural justice” and right to life and liberty under the Constitution.

Sonia Gandhi, Rahul Gandhi, party leaders Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian Pvt Ltd (YI) are accused in the case filed by Swamy.

Swamy has accused them of allegedly conspiring to cheat and misappropriate funds by just paying Rs50 lakh by which YI obtained the right to recover Rs90.25 crore which Associated Journals Pvt Ltd (AJL) owed to the Congress party. All the accused have denied the allegations levelled against them by Swamy.

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