Delhi HC extends stay on trial proceedings in National Herald case

New Delhi: The Delhi High Court on Thursday extended the stay on the trial court proceedings in the National Herald case involving Congress leaders Sonia Gandhi, Rahul Gandhi and others.

Justice Vikas Mahajan posted the hearing on a plea by former BJP MP Subramanian Swamy on July 28 in the matter.

The parties are expected to file their written submissions on the plea which seeks to lead certain evidence in the trial court.

Swamy and senior counsel R S Cheema, representing the Gandhis, sought time to file the written submissions.

Swamy said there should not be any stay on the investigation in the case but Cheema, along with advocate Tarannum Cheema, argued that the case arises from a private complaint and there was no probe as such anyway.

The BJP leader has accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying only Rs 50 lakh, through which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore that Associate Journals Ltd, owner of National Herald, owed to the Congress.

All the accused -- the Gandhis, AICC treasurer Motilal Vora, AICC general secretary Oscar Fernandes, Suman Dubey, Sam Pitroda and YI -- have denied the allegations.

Swamy moved the high court against a trial court order of February 11, 2021 declining his plea to lead evidence to prosecute the Gandhis and the other accused in the case.

He sought summoning of certain witnesses, including the secretary general (registry officer) of the Supreme Court, a deputy land and development officer, and a deputy commissioner of Income Tax, aside from directing them to prove certain documents.

The high court on February 22, 2021 issued notice to the Gandhis, AICC general secretary Oscar Fernandes (since deceased), Suman Dubey, Sam Pitroda and YI and sought their response on Swamy's plea and stayed the proceedings in the case till further orders.

Proceedings against Vora abated in the trial court following his death whereas others were summoned by the trial court in 2014 for the alleged offences of misappropriation of property, criminal breach of trust and cheating, read with criminal conspiracy of the Indian Penal Code.