The Delhi High Court is slated to hear a criminal revision petition filed by the Enforcement Directorate (ED) challenging a trial court order that refused to take cognisance of its money laundering complaint against Congress Parliamentary Party Chairperson Sonia Gandhi, Leader of Opposition in Lok Sabha Rahul Gandhi and others in the alleged National Herald case.
As per the causelist published on the website of the Delhi HC, a single-judge Bench of Justice Ravinder Dudeja will hear the ED’s plea against the Rouse Avenue Court order that dismissed its prosecution complaint filed under the Prevention of Money Laundering Act (PMLA).
Earlier, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court had declined to take cognisance of the ED’s complaint, holding that it was not maintainable in law.
While granting relief to Sonia Gandhi and Rahul Gandhi, the court, however, clarified that the ED was at liberty to continue its investigation in accordance with law. Apart from the Gandhis, the ED had arrayed Congress Overseas chief Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian and Dotex Merchandise Private Limited as proposed accused in the case.
The high-profile case relates to allegations that senior Congress leaders conspired to illegally acquire control over assets worth more than Rs 2,000 crore belonging to Associated Journals Ltd (AJL), the original publisher of the National Herald newspaper, by paying a nominal sum of Rs 50 lakh through Young Indian, a company in which Sonia and Rahul Gandhi are majority shareholders.
The ED had argued that the case involved a “serious economic offence” and alleged that a conspiracy was hatched to form Young Indian to usurp AJL’s properties for a nominal sum, primarily to benefit the top Congress leadership.
It had also claimed that several senior Congress leaders were involved in “fake transactions”, including the issuance of fraudulent advance rent payments supported by fabricated rent receipts. The Congress leadership, however, has consistently denied the allegations, terming the money laundering case as “really strange” and “unprecedented”.
The controversy over the National Herald’s assets came into focus in 2012 when BJP leader Subramanian Swamy filed a complaint in a trial court, alleging that Congress leaders had engaged in cheating and breach of trust in the process of acquiring AJL.
