Once again the stir in politics and legal circles has intensified regarding the National Herald case. The investigating agency ED has approached the Delhi High Court, challenging the order of the Rouse Avenue Court refusing to take cognizance of the charge sheet filed in the National Herald case in the money laundering case against Congress MPs Sonia Gandhi and Rahul Gandhi. ED says that there are many legal flaws in the trial court’s decision and review of this decision is necessary.
What did the Rouse Avenue Court say in its decision?
While giving its verdict in the matter of taking cognizance of the charge sheet filed by ED in the National Herald case, the Rouse Avenue Court had declared the ED charge sheet illegal. The court had said that it was based on a personal complaint and not on the FIR of any predicate offence.
Rouse Avenue Court made it clear that FIR is necessary for investigation under PMLA. In the application filed in the High Court, ED raised questions on the decision of Rouse Avenue and said in the appeal that the decision is wrong and there is a need to proceed on the complaint.
EOW of Delhi Police registered FIR in National Herald case
This matter came into further discussion when Special Judge Vishal Gogane rejected an order of the Magistrate Court. The Magistrate Court had directed to give a copy of the FIR to the Gandhi family in the National Herald case. This order was challenged by Delhi Police.
After the hearing, the special judge said that the Gandhi family is not entitled to get a copy of the FIR. However, the court made it clear that the accused can be informed that an FIR has been registered against them.
ED had filed charge sheet in the National Herald case
Delhi Police had registered an FIR against Congress leaders Sonia Gandhi, Rahul Gandhi and other accused in this case on October 3. On the other hand, the investigating agency ED has alleged in its charge sheet that Sonia Gandhi, Rahul Gandhi, Suman Dubey, Sam Pitroda, late leader Motilal Vora and Oscar Fernandes conspired together and committed money laundering. According to ED, Young Indian, a private company associated with these people, took over the assets of Associated Journals Limited worth about Rs 2,000 crore.
Gandhi family has 76 percent stake in Young Indian – ED
ED alleges that the Gandhi family holds 76 percent stake in Young Indian and this company allegedly fraudulently took over the properties of AJL in exchange for a loan of Rs 90 crore. The agency has estimated the amount of money earned from crime in this entire case to be around Rs 988 crore. Delhi High Court can hear the application filed by ED next week.
