The Delhi High Court on Thursday termed as “infructuous” the applications moved by Congress President Sonia Gandhi, her son Rahul and some other party leaders alleging a “different treatment” was meted out to a challenge filed by them in the National Herald case.
The Congress leaders in their application had opposed the transfer of the case from the court of Justice Sunil Gaur who had part-heard the matter for eight months to another court of Justice P S Teji.
Justice Gaur on Thursday termed their “applications” as infructuous as the matter has been listed before him by the high court registry.
The judge also said that he had not recused from the matter and added that the petitions came back to him as it was part-heard by him.
Even senior advocate Kapil Sibal, appearing for Sonia Gandhi, agreed with the court that the applications had become infructuous and also added that they can be withdrawn.
The court, thereafter, said it will hear arguments in the matter later in the afternoon.
The Gandhis in their application had said their petition challenging a trial court order in the case was transferred in violation of the procedures and practice being followed by the court.
The application also said that their challenge petition ought to have been listed before the bench of Justice Gaur before whom the matter was pending for over eight months and was heard by him at length on several occasions.
“The matter being actually part heard ought to have been listed before the bench of Justice Sunil Gaur before whom the matter was pending for over eight months and was heard by him at length on several occasions.
“Even as per the established procedure and practice of this court, the registry ought to have placed this matter before the very same Judge where the matter was part heard especially when the same has been clarified and appended to the Roster Modification Notice itself,” the application said.
