SONIA GANDHI Vs. SUBRAMANIAM SWAMY AND ORS.

JUDGEMENT

(1.) We have heard learned counsel for the petitioner in the different petitions, and also, Dr. Subramaniam Swamy, Caveator-in-person at some length.

(2.) Insofar as the determination rendered by the High Court, in rejecting the prayer for quashing the proceedings against the petitioners is concerned, we find no justification in interfering therewith. Learned counsel for the petitioners, has also drawn our attention, to the discussion in the impugned order, commencing from paragraph 31, and also, the conclusions recorded thereon, more particularly in paragraph 39. We are of the view, that it was not open to the High Court to record any firm conclusions, and the same ought to have been left to the Trial Court, to be rendered after recording evidence in the matter. Accordingly, we hereby expunge all final inferences and conclusions drawn by the High Court, on the various factual aspects in the matter.

(3.) We affirm the liberty granted by the High Court, and reiterate the same. We hereby permit the petitioners to raise all the issues that are open to them, at the stage of framing of the charges.