नवीनतम
National Herald Case: Rahul, Sonia Gandhi get court relief
NEW DELHI [Maha Media]: In a major update, the Rouse Avenue Court here on Tuesday refused to take cognisance of the Enforcement Directorate's (ED) chargesheet, filed against Congress Parliamentary Party Chairperson Sonia Gandhi and Lok Sabha Leader of Opposition (LoP) Rahul Gandhi, and others, in the alleged National Herald-linked money laundering case, dealing a setback to the central agency.
Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court held that the complaint filed by the ED under the Prevention of Money Laundering Act (PMLA) was "not maintainable". However, the court clarified that ED is at liberty to continue its investigation in accordance with the law.
Apart from Sonia Gandhi and Rahul Gandhi, the federal anti-money laundering agency had arrayed Congress Overseas chief Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian and Dotex Merchandise Private Limited and as proposed accused in the case.
Earlier on September 6, the ED had submitted a copy of the complaint Subramanian Swamy had filed with the agency on July 4, 2014, along with a copy of a June 30, 2021, document. During the hearing, the ED argued that donors to Congress were defrauded. The agency further claimed that some individuals who donated to the party were later given election tickets.
ED counsel Raju opposed the Gandhi family's argument that they had no control over Associated Journals Limited (AJL). He said AJL was originally the publisher of the National Herald newspaper.
On the other hand, senior advocate RS Cheema, appearing for Rahul Gandhi, countered that the Congress had never attempted to sell AJL, but rather sought to save it because it was part of the freedom movement.
Cheema questioned why the ED was not presenting AJL's Memorandum of Association. He pointed out that AJL was founded in 1937 by Jawaharlal Nehru, J B Kripalani, Rafi Ahmed Kidwai, and other Congress leaders. He added that the Memorandum of Association clearly stated that AJL’s policies would align with those of the Congress.
Appearing for Sonia Gandhi, senior advocate Abhishek Manu Singhvi argued that the ED had constructed an "astonishing and unexpected" case. He said the agency's case went "even beyond astonishing", as it was a money-laundering matter in which no property was mentioned. Singhvi maintained that Young India Limited — the non-profit that had taken on the National Herald debt — had acted solely to make Associated Journals Limited debt-free, adding that every company takes lawful steps to free itself from debt. Singhvi further claimed that the ED had remained inactive for years and initiated proceedings based merely on a private complaint.
On May 2, the court issued notices to Sonia Gandhi, Rahul Gandhi, and five others accused in the case. The ED had filed its prosecution complaint on April 15. The agency had named Sonia Gandhi, Leader of Opposition in the Lok Sabha Rahul Gandhi, and Sam Pitroda as accused under sections 44 and 45 of the Prevention of Money Laundering Act (PMLA).
