NEW DELHI: Congress President Sonia Gandhi and Vice President Rahul Gandhi have accused BJP leader Subramanian Swamy of seeking "fishing and roving enquiry" in the National Herald case by calling for certain documents from the party and the Associated Journals Ltd (AJL).
The Congress top brass has claimed before a Delhi court that Swamy wants to make out a "new case" against it by taking recourse of a "fishing" probe in the matter.
The Gandhis, who along with leaders like Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda are accused in the case, have also opposed Swamy's contention seeking summoning of Income Tax records from Congress party and AJL, saying these entities were not accused and hence their records cannot and should not be disclosed for maintaining their "confidentiality".
The vehement opposition to Swamy's submissions was made in the written reply filed before the court by the Gandhis and others before Metropolitan Magistrate Lovleen.
They also sought dismissal of Swamy's plea with exemplary costs.
Swamy has accused them of allegedly conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore which AJL owed to the Congress party. All accused have denied the allegations levelled against them.
The court had issued notices to Gandhis and the other accused and the company Young Indian Pvt Ltd on August 27, seeking their replies within two weeks. The court has posted the matter for further hearing on October 4.
"The complainant (Swamy) has set up a particular case and it is his duty to prove the same. However, the present application contemplates to create a situation where a 'fishing and roving enquiry' could be set into motion beyond the scope of averments made in the complaint and case set up by the complainant in case the application is allowed...
"The complainant through this application is seeking to call for documents without divulging their necessity and desirability on the basis of the allegations made by him in his complaint. Thereby, the complainant seeks to access documents in an attempt to make out a new case," the reply said, adding that "the endeavour of the complaint of not providing a list of witnesses also shows the malafide nature of the current application".