New Delhi: A court here on Tuesday, December 16, refused to take cognisance of the Enforcement Directorate’s money laundering charge against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case.
The ED said it would file an appeal against the court order.
Special Judge Vishal Gogne noted the chargesheet filed in the case is based on an investigation into a complaint by a private person and not on an FIR of a predicate offence. Its cognisance is impermissible in law, the judge said.
Reading out the operative part from the order, the judge said the Delhi Police’s Economic Offences Wing has already lodged an FIR in the case, and hence it will be premature to adjudicate on ED’s arguments in the case based on merits.
Delhi Police, on October 3, filed an FIR against Congress leaders Sonia Gandhi and Rahul Gandhi, and other accused in the National Herald case on a complaint by the ED as part of the federal probe agency’s money laundering probe into charges that the Gandhis “abused” their position for personal gains.
The ED has accused Congress leaders Sonia Gandhi and Rahul Gandhi, as well as late party leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering.
It has been alleged that they acquired properties worth approximately Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper.
The investigation agency further alleged that the Gandhis held the majority 76 per cent shares in Young Indian, which “fraudulently” usurped the assets of AJL in exchange for a Rs 90 crore loan.
Gandhis not entitled to copy of police FIR in National Herald case, rules Delhi court
Additionally, the court set aside a magisterial court’s order directing the Delhi Police to provide a copy of an FIR registered by them against the Gandhis in connection with the case.
Special Judge Vishal Gogne, while hearing a plea filed by the Delhi Police, challenged the magisterial court’s order, arguing that Rahul Gandhi, Sonia Gandhi and others mentioned in the case are not entitled to a copy of the FIR.
The judge, however, ruled that the accused may be informed that the FIR has been registered.
The federal probe agency used powers available to it under Section 66(2) of the Prevention of Money Laundering Act (PMLA) to get the police FIR registered.
This section allows the federal agency to share evidence for registration of a criminal predicate offence by a law enforcement agency so that it can subsequently book a money laundering case to take forward the investigation.
