BJP MP Subraman Swamy, who is the complainant in the National Herald case, on Saturday moved an application in a special court in Delhi seeking summoning of various documents and witnesses concerned in the matter.
Swamy, in his application, said that this case is a quintessential case of documentary evidence and therefore these documents need to be proved through their witnesses.
"Due to the fact that there are many documents that have been annexed to the chief examination of the complainant, which are public documents, which have been marked; these are certified copies of these public documents. Due to the fact that these are marked documents, these documents need to be proved through the testimony of the appropriate witnesses," the application said.
Additional Chief Metropolitan Magistrate Ravinder Kumar Pandey on Saturday adjourned the matter for December 23 as the lawyers of the accused didn't physically appear today and sought adjournment. The matter was scheduled for the cross-examination of complainant Subraman Swamy at the stage of pre-charge evidence.
Swamy, who physically appeared before the special court in Rouse Avenue Court complex today, later tweeted, "I went today physically to NH Special Court. I argued that the accused are refusing to admit records served on them by Income Tax Authority and also their own records of Appeals filed in Delhi HC and SC. So court issued notice to reply to the accused."
Through the application, Swamy sought summoning of Secretary-General Sanjeev S Kalgaonar (Registry officer) Supreme Court of India, Rajnish Kumar Jha (Dy Land and Development officer), Saket Singh, Deputy Commissioner of Income Tax Circle-1, Congress official who issued a press statement on November 2, 2012, and Journalist J Gopi Krishnan.
Earlier, Predecessor Magistrate Vishal Pahuja had asked both the parties to explore the solution for proceeding with the matter further as the COVID-19 situation is going to stay longer and the court being the fast track court has to expedite the proceedings. Either the parties can appear before the physical court and to avoid any crowding only this matter will be listed for an entire day or the evidence can be recorded through video conferencing.
Sonia and Rahul Gandhi's lawyer RS Cheema had earlier partly cross-examined Subraman Swamy in the matter.
The National Herald case, which was filed by Swamy, is being heard by a special court in Delhi's Rouse Avenue against Sonia Gandhi, Rahul and other associated persons.
According to Swamy's complaint, Associated Journals Limited (AJL) had taken an interest-free loan of Rs 90.25 crores from the Indian National Congress. It is alleged that the loan was not repaid. Swamy had filed the case in 2012 accusing the two Gandhis and others of conspiring to cheat and misappropriate funds.
He had stated that the Congress party granted an interest-free loan of Rs 90.25 crores to Associated Journals Limited (AJL), owner of the National Herald newspaper.
( With inputs from ANI )
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