New Delhi (December 16 UNI): In a significant relief to former Congress president Sonia Gandhi and senior party leader Rahul Gandhi, Delhi’s Rouse Avenue Court on Tuesday declined to take cognisance of the Enforcement Directorate’s (ED) chargesheet in the National Herald money laundering case.
The order also brings relief to five other accused named in the case. The court, however, said the ED was free to continue its investigation, if it so desired.
In its observations, the court noted, “In the absence of a registered FIR, a money laundering investigation and the prosecution complaint filed on its basis could not be sustained.”
“Legal proceedings for money laundering based on such a complaint are also not maintainable. Taking cognisance on a complaint filed by a private individual is not legally permissible,” the court said, adding that there was no need to examine other arguments on the merits of the case.
The ED’s chargesheet had named Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian and Dotex Merchandise Private Limited, alleging the wrongful takeover of assets worth over Rs 2,000 crore belonging to Associated Journals Ltd. (AJL).
Reacting to the court’s order, the Congress termed it a “victory of truth” and reiterated that the case was politically motivated.
In a statement posted on the party’s official social media handle, the Congress said the court had found the ED’s action against its leaders to be illegal and beyond its jurisdiction, pointing out that no FIR had been registered, without which no case could be made out.
The party alleged that the action taken against it over the past decade was driven by political vendetta and said the court’s observations had exposed the malafide intent behind the probe. The Congress rejected the ED’s allegations, maintaining that there was no money laundering, no proceeds of crime and no transfer of assets in the National Herald matter.
Raising questions over the ED’s investigation, the court also observed that the Central Bureau of Investigation (CBI) had not registered any predicate or scheduled offence in the case. In the absence of such an offence, the court said, it was unclear how a money laundering investigation could be pursued.
The party reaffirmed its commitment to fighting for truth and protecting the rights of every Indian. “We cannot, and will not ever be intimidated—because we fight for the truth. Satyamev Jayate,” the statement added.
Court refuses to take cognisance of the chargesheet in National Herald case
