National Herald: ED moves Delhi High Court against order refusing cognisance of charge sheet against Gandhis

New Delhi: The Enforcement Directorate (ED) on Friday approached the Delhi High Court challenging a trial court's order refusing to take cognisance of its charge sheet against Congress leaders Sonia Gandhi, Rahul Gandhi and others in the National Herald case.

The plea is likely to be listed for hearing next week.

The ED has challenged the trial court's December 16 order in which it was held that cognizance of the agency's complaint in the case was "impermissible in law" as it was not founded on an FIR.

The trial court said an investigation and the consequent prosecution complaint (equivalent to charge sheet) pertaining to the offence of money laundering is "not maintainable" in the absence of an FIR for the offence mentioned in the schedule to the Prevention of Money Laundering Act (PMLA). It said the agency's probe stemmed from a private complaint and not an FIR.

It said cognisance upon the complaint being liable to be declined on a question of law, other arguments relating to the merits of the allegations are not required to be adjudicated upon.

The trial court said despite receiving the complaint made by BJP leader Subramanian Swamy and the consequent summoning order in 2014, the CBI has refrained from registering an FIR in relation to the alleged scheduled offence till date.

"However, the ED went ahead with recording an ECIR relating to money laundering on June 30, 2021 when no FIR (with the CBI or any other law enforcement agency) existed in relation to the scheduled offence," it said.

The ED has accused Sonia and Rahul Gandhi, as well as late Congress 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 investigating 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.