A Delhi court today summoned the balance sheet of Indian National Congress (INC) for the year 2010-2011 in connection with the National Herald case in which Congress President Sonia Gandhi, her son Rahul Gandhi and five others are accused.
Besides this, the court also summoned the balance sheet of 2010-2011 of Associated Journals Pvt Ltd (AJL) observing that these documents of INC and AJL could not be referred as "personal documents" of the accused.
"Accordingly, it is directed that the balance sheet of INC pertaining to the year 2010-2011 be summoned on filing of PF (process fee) for the next date of hearing," Metropolitan Magistrate Lovleen said in his three-page order.
"At the very outset, this court must observe that the documents referred to in the present application belong to two separate entities, i.E., INC and AJL. By no stretch of imagination, the documents could be referred to as 'personal documents' of accused persons," the court said.
The order came on BJP Leader Subramanian Swamy's plea in which he had sought summoning of balance sheet, receipts and payments accounts, income and expenditure statements for the year 2010-2011, 2011-2012 and 2012-2013 of INC and AJL.
Swamy, who in his plea had initially sought summoning of documents of Young Indian Pvt Ltd (YI) also, later on did not press for it during the arguments.
He had earlier told the court that these records were necessary to establish the method adopted by the accused for purpose of extending loans to acquire AJL, through YI.
The matter would now come up for hearing on March 21.
In its order, the court noted that allegations against the accused were that "all or some of them were holding important positions in all or either of the abovesaid three entities (INC, AJL and YI) and they exploited their positions in order to cause wrongful gain to themselves in the manner as mentioned in the summoning order dated June 26, 2014."
"One of the causes of summoning of accused person is that they advanced an interest free loan to AJL to the tune of approximately Rs 90 crores from the funds of Congress Party and thereby defrauded the donors of the Congress Party as well as the state exchequer by claiming tax exemptions," it noted.
The court noted, "The complainant (Swamy) submits, upon
inquiry, that the assignment of loan was done by the accused persons on December 27, 2010. In view thereof, the relevant records pertaining to the assignment of abovesaid loan by the Congress Party to YI are necessary for a just disposal of this case."
Regarding Swamy's contention on summoning documents from AJL, the court said, "This court finds force in the submissions made by the complainant (Swamy) as under valuation of belongings of AJL is also one of the causes for which the accused persons are facing trial."
"Accordingly, let the balance sheet of AJL, pertaining to the year 2010-2011 be summoned on filing of process fee for the next date of hearing," it said.
During the arguments on the application earlier, Swamy had referred to the court's June 26, 2014 order summoning Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda as accused in the case besides YI.
Swamy had accused Sonia, Rahul and others of allegedly conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which YI obtained the right to recover Rs 90.25 crore which the AJL had owed to the Congress party.
The court had on December 19, 2015, granted bail to Sonia, Rahul, Vora, Fernandes and Dubey, who had appeared before it pursuant to the summons issued earlier. Pitroda was granted bail on February 20 when he had appeared in the court.
Sonia, Rahul, Vora (AICC Treasurer), Fernandes (AICC General Secretary), Dubey and Pitroda were summoned for alleged offences under section 403 (dishonest misappropriation of property), 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of the IPC.
