The Supreme Court today refused to interfere with the trial in the National Herald case, which is progressing in the Patiala House court of Delhi..A Division Bench presided by Justice Khehar made it clear that the order of the Delhi High Court refusing to interfere with the trial does not warrant any interference by the Supreme Court..The Court, however, expunged certain parts of the High Court order on the ground that it was not open for the High Court to record its conclusions on the factual aspects of the matter..Senior Advocates Kapil Sibal and Abhishek Manu Singhvi appeared for the petitioners..When the hearing began in court room 3 at 12.15, Senior Advocate Kapil Sibal questioned the locus of petitioner Subramanian Swamy..“Nobody has come forward and said “I have been cheated”. But a person from the opposite camp comes forward and files a complaint”, said Sibal..The Bench, however, said that it will not interfere with the trial; but it noted that the adverse remarks in the High Court order has prejudiced the trial..It noted that para 31 and the conclusions recorded in para 39 of the High Court order were on the factual aspects and unnecessary. It, therefore, proceeded to hold the following:.“It was not open to the High Court to record any final conclusions. The same should have been left to the trial court. So we expunge all inferences and conclusions drawn by the High Court on the factual aspects of the matter.”.The Court also gave the petitioners the liberty to raise all issues at the time of framing of charge..Further, the Court exempted the petitioners from personal appearance in trial court, while holding that the trail court can require the same as and when required..“In view of the peculiar facts of the case, especially the position occupied by the petitioners, we are of the view that presence of petitioners will cause more inconvenience than convenience…However, the trial court can require personal appearance of the petitioners as and when required.”.Image taken from here.
The Supreme Court today refused to interfere with the trial in the National Herald case, which is progressing in the Patiala House court of Delhi..A Division Bench presided by Justice Khehar made it clear that the order of the Delhi High Court refusing to interfere with the trial does not warrant any interference by the Supreme Court..The Court, however, expunged certain parts of the High Court order on the ground that it was not open for the High Court to record its conclusions on the factual aspects of the matter..Senior Advocates Kapil Sibal and Abhishek Manu Singhvi appeared for the petitioners..When the hearing began in court room 3 at 12.15, Senior Advocate Kapil Sibal questioned the locus of petitioner Subramanian Swamy..“Nobody has come forward and said “I have been cheated”. But a person from the opposite camp comes forward and files a complaint”, said Sibal..The Bench, however, said that it will not interfere with the trial; but it noted that the adverse remarks in the High Court order has prejudiced the trial..It noted that para 31 and the conclusions recorded in para 39 of the High Court order were on the factual aspects and unnecessary. It, therefore, proceeded to hold the following:.“It was not open to the High Court to record any final conclusions. The same should have been left to the trial court. So we expunge all inferences and conclusions drawn by the High Court on the factual aspects of the matter.”.The Court also gave the petitioners the liberty to raise all issues at the time of framing of charge..Further, the Court exempted the petitioners from personal appearance in trial court, while holding that the trail court can require the same as and when required..“In view of the peculiar facts of the case, especially the position occupied by the petitioners, we are of the view that presence of petitioners will cause more inconvenience than convenience…However, the trial court can require personal appearance of the petitioners as and when required.”.Image taken from here.
