National Herald case: ED to file fresh charge sheet against Sonia, Rahul Gandhi, takes cognisance of Delhi Police FIR

New Delhi: The Enforcement Directorate (ED) will file a fresh charge sheet against Congress leaders Sonia and Rahul Gandhi apart from others as it has taken cognisance of the latest Delhi Police FIR filed in the National Herald money laundering case, officials said Tuesday.

Earlier in the day, a trial court here refused to take cognisance of a charge sheet filed by the federal probe agency in April against the mother-son duo apart from some others.

The court said the rejection was made on the grounds that the ED charge sheet was based on a private complaint and a subsequent cognisance taken by a Metropolitan Magistrate and not on an FIR as stipulated under the Prevention of Money Laundering Act (PMLA).

The ED may file an appeal against the order of Special Judge Vishal Gogne after taking opinion from the Solicitor General (SG) or an Additional Solicitor General (ASG), the officials told PTI.

Reacting to the court order, the Congress claimed victory alleging that the "illegality" of the Narendra Modi government and its "politically motivated prosecution stood fully exposed".

Officials said the court has not quashed the ED ECIR (enforcement case information report), the police equivalent of FIR in PMLA, that was filed on May 30, 2021 and on which the entire case is based.

It was on this ECIR that the ED filed the charge sheet alleging the Gandhi family "abused" their position for personal gains and Young Indian (YI), a private company "beneficially owned" by the mother-son duo, "acquired" Associated Journals Ltd. (AJL) properties worth Rs 2,000 crore for a mere Rs 50 lakh, significantly undervaluing its worth.

AJL is the publisher of the National Herald news platform (newspaper and web portal) and it is owned by Young Indian Private Limited.

The ED ECIR (FIR) of 2021 in the National Herald case stands. The court has only said that the cognisance of the charge sheet is impermissible. The agency has merged the EOW FIR of October 3 to its existing ECIR to ensure that its case and investigation remain on a strong legal ground, the officials said.

Officials told PTI the agency has shared a good amount of documentary "evidence", collected by it in this case during the course of investigation, with the Economic Offences Wing (EOW) in September which became the basis for the police to file a criminal complaint on October 3.

Once the police files its charge sheet in the case, a fresh ED charge sheet will follow, they said.

The ED may choose to put up some questionnaires to the accused again before filing its fresh charge sheet, they said.

The Gandhis, the majority shareholders of Young Indian with 38 per cent shares held by each one of them, apart from some others, were questioned for hours by the ED in this case a few years ago.

The agency has also not executed the action for taking possession of the Rs 751.91 crore worth assets of AJL attached by it as part of this probe under the anti-money laundering law.

The adjudicating authority of the PMLA has upheld this provisional attachment order and it is understood that the ED will initiate the process of taking the possession of assets after the two charge sheets (EOW and ED) are filed.

The police (EOW) has pressed charges under sections 120B (criminal conspiracy), 403 (dishonest misappropriation of property), 406 (punishment for criminal breach of trust) and 420 (cheating) of the IPC in its FIR that names the Gandhis, Congress leaders Suman Dubey and Sam Pitroda, entities like the Young Indian and Dotex Merchandise Ltd, Dotex promoter Sunil Bhandari, AJL and unknown others.

All these were named as accused in the ED charge sheet which the court refused to take cognisance on Tuesday.

The EOW has begun its probe and it has been reported that it issued a notice to Karnataka Congress leader and deputy chief minister D K Shivakumar recently.

The ED has pegged the alleged proceeds of crime (PMLA word for illicit funds) in this case at Rs 988.03 crore.