Delhi Court defers notice to Sonia Gandhi, Rahul Gandhi in National Herald case, notes deficiencies in chargesheet

The Enforcement Directorate, through Additional Solicitor General and Senior Advocate SV Raju, submitted that under the new legal provisions, cognisance of the complaint (chargesheet) cannot be taken without first hearing the accused.

Enforcement Directorate urged the court, stating, "We don't want this order to be prolonged. Let notice be issued."

However, the Special Judge Vishal Gogne stated that the court must first be convinced of the necessity of issuing such a notice, remarking, "I cannot pass such an order until satisfied."

The judge further highlighted the missing documents in the chargesheet, as pointed out by the Ahlmad (court record keeper), the judge directed the ED to submit the required documents. Only then will the court decide on issuance of notices.

The ED maintained its stance of transparency, stating, "We are not hiding anything. We are giving them the opportunity to present their side before cognisance is taken."

The Enforcement Directorate recently filed a prosecution complaint against Congress top leaders Rahul Gandhi and Sonia Gandhi, in connection with the National Herald money laundering case.

The said chargesheet also named Congress leader Sam Pitroda and Suman Dubey and others, including several firms.

The prosecution complaint has been filed under Sections 44 and 45 of the Prevention of Money Laundering Act (PMLA), 2002, for the offence of money laundering, as defined under Section 3, read with Section 70, and punishable under Section 4 of the PMLA, 2002.

Special Judge Vishal Gogne stated that, as per the submission of the counsel representing the ED, the predicate offense, recorded under complaint case No 18/2019, includes charges under Sections 403, 406, and 420, read with Section 120(B) of the Indian Penal Code (IPC), 1860, and is currently under trial at the Rouse Avenue Courts in New Delhi. The court observed that, under Section 44(1)(c) of the PMLA, the predicate offence must be tried in the same court that has taken cognisance of the money laundering offence under Section 3 of the PMLA.

The court further noted that both offences, the predicate offence and the PMLA offence, must be adjudicated in the same jurisdiction. The National Herald case is an ongoing legal matter in a Delhi court, originally filed by Indian economist and politician Subramanian Swamy against Sonia Gandhi, Rahul Gandhi, their associated companies, and other individuals. (ANI)