PMLA| Delhi Court Issues Notice to Sonia and Rahul Gandhi in National Herald Case
A Delhi Court on Friday issued notices to Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald money laundering case, observing that their “right to be heard at any stage breathes life into a fair trial.”
Special Judge Vishal Gogne of Rouse Avenue Court noted that the right of the accused to present their side was available at the time of cognisance of the chargesheet filed by the Enforcement Directorate (ED).
Accordingly, the Court directed that the matter be taken up next on May 8.
Background
The ED had recently filed its prosecution complaint (chargesheet) in the case, which stems from a private criminal complaint originally filed by BJP leader Dr. Subramanian Swamy before a magistrate court on June 26, 2014. That complaint prompted the initiation of the financial probe in 2021, with the ED alleging large-scale money laundering involving key Congress figures.
According to the ED, the case involves a “criminal conspiracy” in the alleged fraudulent takeover of assets worth over Rs. 2,000 crore belonging to Associated Journals Limited (AJL), the publisher of the now-defunct National Herald newspaper.
Among those named in the conspiracy are Congress Parliamentary Party Chairperson Sonia Gandhi, her son and senior party leader Rahul Gandhi, the late Congress leaders Motilal Vora and Oscar Fernandes, as well as Suman Dubey, technocrat Sam Pitroda, and the private company Young Indian.
The central agency has alleged that Young Indian, a company formed in 2010, acquired 100% of AJL's shares through a series of transactions that involved financial irregularities and violations under the Prevention of Money Laundering Act (PMLA). Sonia Gandhi and Rahul Gandhi each hold a 38% stake in Young Indian, effectively giving them majority control.
The ED has accused the Congress leadership of misusing party funds and instrumentalising Young Indian to acquire valuable AJL properties, originally intended for journalistic purposes, for commercial benefit. As part of its investigation, the ED had previously summoned and questioned both Sonia Gandhi and Rahul Gandhi for several hours.
With the issuance of notice, the Delhi court has now formally involved the Gandhis in the current stage of proceedings, where the ED's chargesheet awaits judicial consideration. The court's order reinforces the importance of adhering to principles of natural justice by ensuring that the accused are given an opportunity to be heard before any further action is taken.
The matter will be heard again on May 8.
Case Title: Directorate of Enforcement v. Sonia Gandhi & Ors.