In an apparent setback to the BJP leader Subramanian Swamy, the Supreme Court on Friday said that the High Court’s conclusion in the case will impact the fair trial.
The apex court, said that the conclusion at such an early stage was wrong adding that the criminality observation by the HC was ‘not fair.’
The SC also expunged the portions on criminality from the HC order.
In another reprieve for the Congress party, the SC said that the Gandhis were people of high eminence and they were not going to run away from the country granting them the exemption from personal appearance in lower court.
In December, while dismissing an appeal by the Congress President Sonia Gandhi and five others, the bench of Justice Sunil Gaur had said that the conduct of Congress office-bearers smacked of criminality in National Herald case.
The bench had remarked, “This court is of the considered view that the gravity of the allegations levelled against petitioners has a fraudulent flavour involving a national political party and so, serious imputations smacking of criminality levelled against petitioners need to be properly looked into.”
The hearing has concluded.
Reacting to this, Subramanian Swamy said that this was not a relief for the Gandhis and personal appearance was also on certain conditions.
Abhishek Manu Singhvi said, “I think this is a very satisfactory order as far as our clients are concerned. We will follow everything in letter in spirit. Our clients never said they did not want to appear before the court. The court agreed with our argument and granted us the exemption even though Sumramanian Swamy had opposed it.”
More to follow: