National Herald case: HC sets aside trial court order summoning documents

Justice Teji said the trial court's verdict was 'Ineffective, redundant and not sustainable in the eye of law and liable to be set aside'

The Delhi High Court today set aside a trial court orders summoning documents from Finance and Corporate Affairs Ministries and other agencies and the balance sheet of the Congress party for 2010-2011 in the National Herald case.

Justice P S Teji set aside the trial court's January 11 and March 11 orders saying they were "passed in a casual manner", "without application of mind" and were "non-speaking" which makes the two decisions "ineffective, redundant and not sustainable in the eye of law and liable to be set aside".

"The applications (for summoning of documents) were moved in a casual manner and the order passed on the same were also passed in a casual manner without due application of mind.

"The facts and circumstances mentioned above, non- issuance of notice to opposite side and impugned orders being non-speaking and without due application of mind as per the law laid down by the apex court, culminates into the impugned orders as ineffective, redundant and not sustainable in eye of law and liable to be set aside,"the court said.

It further said, "In view of the above discussion and law laid down, as referred above, this court is of the considered opinion that while the passing order under section 91 of CrPC for summoning the documents, if the other party has already joined the proceedings, it is entitled to be heard.

"Consequently, the orders dated January 11, 2016, and March 11, 2016, are hereby set aside along with proceedings consequent thereto."

The high court's order came on the pleas of Congress leaders Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and a company Young Indian Pvt Ltd (YI) who are accused in the case filed by BJP leader Subramanian Swamy.

The other two accused in National Herald case are Congress President Sonia Gandhi and her son Rahul Gandhi, but they had not moved the high court against summoning of the documents and balance sheet.