National Herald Case: ED Moves Delhi High Court Against Order Refusing Cognizance Of Complaint Against Rahul Gandhi, Sonia Gandhi
The Enforcement Directorate has moved the Delhi High Court challenging a trial court order refusing to take cognizance of the money laundering complaint in the National Herald case allegedly involving Congress leaders Rahul Gandhi and Sonia Gandhi.
The plea likely to be listed next week.
ED has challenged the order passed by Special Judge Vishal Gogne of Rouse Avenue Courts on December 16.
The trial court had held that the prosecution complaint filed by the Enforcement Directorate (ED) against the Gandhis was not maintainable in law, as it was not founded on an FIR relating to a scheduled offence under the Prevention of Money Laundering Act (PMLA).
It had noted that the money laundering proceedings were based on a cognisance and summoning order passed on a private complaint filed under Section 200 CrPC by Dr Subramanian Swamy, and not on an FIR.
The ED had filed a fresh prosecution complaint against Rahul Gandhi and Sonia Gandhi under sections 44 and 45 of Prevention of Money Laundering Act (PMLA) 2002 for commission of offence of money laundering as defined under section 3 read with section 70 and punishable under section 4 of PMLA, 2002.
The controversy centers around the acquisition of Associated Journals Limited (AJL), the publisher of the now-defunct National Herald newspaper.
In 2010, a newly formed company, Young Indian Pvt Ltd (YIL), acquired AJL's debts from the Indian National Congress for ₹50 lakh.
Subsequently, YIL took control of AJL's assets, which were valued at over ₹2,000 crore. Sonia Gandhi and Rahul Gandhi held a majority stake in YIL, leading to allegations that they used party funds to gain control of AJL's valuable properties.
The ED's investigation, initiated in 2014, focused on the financial transactions between the Congress party, AJL, and YIL.
The agency alleges that the Gandhis and other Congress leaders engaged in a scheme to misappropriate AJL's assets for personal gain.
Recently, the ED has moved to take possession of properties linked to AJL, valued at approximately ₹661 crore, under the Prevention of Money Laundering Act (PMLA).