Justice PS Teji reserved orders on petitions filed by Congress leaders that had assailed a trial court’s order summoning documents from various Ministries, in relation to the National Herald case.
The petitions filed by Motilal Vora, Oscar Fernandes, Sam Pitroda and Suman Dubey challenged the decision of the trial court which had in March, allowed for production of balance sheets of Associated Journals Pvt Ltd (AJL) and the Indian National Congress (INC) for the purpose of investigation.
The order that was passed on an application made by the complainant in the case, Subramanian Swamy, was challenged by the Congress leaders primarily on these grounds:-
- No notice was issued to the Petitioners before summoning the necessary documents and;
- Non-application of mind by the trial court;
Swamy had responded to these submissions by stating that there was no provision in criminal law that required for a hearing of the Petitioners before the documents are produced.
Since the order in challenge had not been stayed by the High Court, the balance sheets of INC and AJL had been produced by the parties before the trial court last week.
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