A Delhi court on Tuesday (December 16) refused to take cognisance of the Enforcement Directorate’s money laundering charge against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case.
The ED said it would file an appeal against the court order.
Special Judge Vishal Gogne noted the chargesheet filed in the case is based on an investigation into a complaint by a private person and not on an FIR of a predicate offence. Its cognisance is impermissible in law, the judge said.
Also read | Rahul, Sonia Gandhi charged with criminal conspiracy in National Herald case
Reading out the operative part from the order, the judge said the Delhi Police’s Economic Offences Wing has already lodged an FIR in the case, and hence it will be premature to adjudicate on ED’s arguments in the case based on merits.
In addition to this, the Delhi court ruled that Congress leaders Rahul Gandhi, Sonia Gandhi and several others are not entitled to be given a copy of the First Information Report (FIR) registered against them by the Delhi police in connection with the case.
ED alleges conspiracy, laundering
Delhi Police’s Economic Offences Wing (EOW) filed an FIR on October 3, naming the Gandhis, Sam Pitroda, Suman Dubey, Young Indian and others as accused for the offences of cheating, dishonest misappropriation of property and criminal breach of trust along with criminal conspiracy.
The ED has accused Congress leaders Sonia Gandhi and Rahul Gandhi, as well as late party leaders Motilal Vora and Oscar Fernandes, along with Dubey, 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 investigation 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.
Congress slams Modi govt
Meanwhile, the Congress claimed the “illegality” of the Narendra Modi government and its “politically motivated prosecution stands fully exposed” after the court granted respite to the Gandhis.
In a statement, Congress spokesperson Supriya Shrinate said the ED’s proceedings against Congress leadership — Sonia Gandhi and Rahul Gandhi — in the case have been found to be “completely illegal and malafide” by the court.
“The malafide and illegality of the Modi government stands fully exposed. The court has ruled that the ED case is without jurisdiction; it has no FIR, without which there is no case. This politically motivated prosecution by the Modi government over the last decade of the principal opposition party stands exposed before the people of India,” she said.
“No case of money laundering, no proceeds of crime and no movement of property; all baseless charges that have been a part of a political witch hunt, propaganda, reputation assassination and campaign which stands defeated today,” Shrinate said.
She said the Congress party and its leadership are committed to fighting for the truth and for the rights of every Indian. “We cannot, and will not ever be intimidated, because we fight for the truth,” she added.
(With agency inputs)
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