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New Delhi, Supreme Court on Tuesday asked BJP leader Subramanian Swamy to make out a case in Delhi High Court for speedy trial of the National Herald case in which Congress President Sonia Gandhi, Rahul Gandhi along with three others have been summoned as accused.
The apex court said it cannot hear the matter directly as it was pending in the high court and a stay has been ordered against the trial court’s decision to summon them. While making it clear to Swamy that his petition was not maintainable under Article 32, a bench of justices V Gopala Gowda and R Banumathi said, “You can make the same argument before the high court and bring it to the notice of the judge who is hearing the matter by filing an application in it or a fresh petition”.
“You have got every right to go before the Delhi High Court. We will not entertain this kind of petition,” the bench said while clarifying that Swamy can only come to the apex court by way of an appeal if his grievances are not addressed.
The apex court noted that after hearing for sometime, it was allowing Swamy to “withdraw the petition with the leave to approach high court in the pending matter or can file a separate petition”. Swamy said he was compelled to move the apex court in view of the developments in the High court where the matter is listed for hearing on March 18.
Elaborating the background, he said on January 12, Justice V P Vaish of the high court had recused himself from hearing the matter as his roster of cases was changed and directed that the petitions be listed before the Chief Justice of the high court who had assigned it to Justice Sunil Gaur.
Swamy had opposed the judge’s recusal and requested that the matter be heard by the same court which has been largely dealing with it, as a fresh hearing of the case would further delay the issue. The court had declined Swamy’s request and transferred the case. Despite the matter being part heard, the new judge gave a long date making it virtually to restart the arguments, he said.
