[National Herald]: Delhi High Court seeks response from Sonia Gandhi, Rahul Gandhi in Subramanian Swamy plea concerning additional evidence

The Delhi High Court today sought responses from Congress President Sonia Gandhi and Wayanad MP, Rahul Gandhi in a plea by Subramanian Swamy seeking to bring on record additional evidence in the National Herald case before the trial court (Dr Subramaniam Swamy Vs. Sonia Gandhi & Ors)..A single-judge Bench of Justice Suresh Kumar Kait issued notice in the petition and also sought responses from other accused in the National Herald case i.e. Oscar Fernandes, Suman Dubey, Sam Pitroda and Young India. .The Court also stayed further proceedings that are pending before a Special Court in Rouse Avenue Court Complex, New Delhi. .The matter is at the stage of pre-charge evidence. .Swamy's grievance is directed against an order passed by the trial court, rejecting his application to bring on record certain documentary evidence..These include an RTI document, Sonia Gandhi's special leave petition of 2016, Young India's Income Tax Assessment Order of December 2017 etc. .".. the Ld. ACMM failed to appreciate that under Section 244 CrPC, the Petitioner is entitled to apply to the Magistrate to summon witness(s) at any stage to produce the instant document(s)," Swamy's petition said..It stated that allowing the plea at this stage would bonafide save valuable time of trial court..Section 244 is wide enough to give power to a court to accept a supplemental or additional list of witnesses and to issue summons to them and record their evidence, it said. .Earlier this month, the trial court had rejected Swamy's application to bring on record additional evidence with a view that the same shall be considered after the complainant's evidence is over. .The Court had taken note of the fact that a similar request was turned down by the predecessor judge as well. .The matter would be heard next on April 12..The National Herald case pertains to the assignment of a Rs. 90 crore loan advanced by the Congress party to Associated Journals Ltd (AJL) – owner of the National Herald – to Young Indian for a consideration of Rs. 50 lakh.In his private complaint, Subramanian Swamy had accused Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and Gandhi family-controlled – Young Indian of cheating, criminal conspiracy, criminal breach of trust and misappropriation of property.