Investigating agency in high-profile money laundering case related to National Herald Enforcement Directorate (National Herald Case) (ED) has taken a big step. The ED has challenged in the Delhi High Court the decision of the special court at Rouse Avenue, in which it had refused to take cognizance of the prosecution complaint filed against Congress leaders Sonia Gandhi, Rahul Gandhi and others.
Special Judge Vishal Gogane had on December 16 dismissed the ED’s complaint saying the case was not based on an FIR related to any original offence. The court had indicated that to proceed with investigation and prosecution under PMLA, it is necessary to have a police FIR related to the scheduled offence. On this basis, the trial court had refused to take cognizance against Rahul and Sonia Gandhi and other accused.
In the appeal filed in the High Court, ED raised questions on the arguments of the special court and said that the cognizance taken by a competent court on a private complaint is stronger and has legal effect (National Herald Case) than the police FIR. The agency claimed that in the present case, the private complaint related to the scheduled crime has already been taken cognizance of by the competent court and the decision has been upheld till the Supreme Court. Therefore, the trial court’s belief that the ED cannot take action on the basis of a private complaint is legally wrong.
In the National Herald case, the ED says that the investigation and prosecution complaint under PMLA is based on sections 420 (cheating) and 120B (conspiracy) of the Indian Penal Code, cognizance of which has already been taken by the Magistrate and this order has also been validated by the High Court and the Supreme Court. On this basis, ED argues that the trial court’s decision is based on misinterpretation of facts and law.
Earlier, while giving relief to Sonia and Rahul Gandhi, the special court had said that the entire investigation of ED is based on the private complaint filed by BJP leader Subramanian Swamy and the summon orders issued on him. Apart from the Gandhi family, Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari were also made accused in this case.
ED has alleged that through Young Indian, the assets of Associated Journals Limited (AJL) were fraudulently acquired, the estimated value of which is more than Rs 2,000 crore (National Herald Case). The hearing on the ED appeal is likely to be held next week. This case is being considered very important from both political and legal point of view and its big impact can be seen in the coming days.
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