Delhi Court Relief for Gandhis: Why ED's National Herald Case Was Rejected

Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court held that the complaint filed by the ED under the Prevention of Money Laundering Act (PMLA) was not maintainable.

Apart from Sonia and Rahul Gandhi, the federal anti-money laundering agency had arrayed Congress Overseas chief Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian and Dotex Merchandise Private Limited and as proposed accused in the case.

While refusing to take cognisance of the prosecution complaint, the court clarified that the ED is at liberty to continue its investigation in accordance with the law.

The high-profile case pertains to allegations that top Congress functionaries conspired to wrongfully acquire control of assets exceeding Rs 2,000 crore belonging to Associated Journals Ltd (AJL), the original publisher of the National Herald newspaper, by paying a nominal amount of Rs 50 lakh through Young Indian -- a company in which Sonia and Rahul Gandhi are majority stakeholders.

Earlier, on November 29, the Rouse Avenue Court had deferred the pronouncement of its decision after reserving orders on November 7, noting that further scrutiny of transaction documents, alleged rent receipts and fund flow patterns was required before determining whether the prosecution complaint met the statutory threshold for cognisance under the PMLA.

The ED had argued that the case involved a “serious economic offence” and alleged that a conspiracy was hatched to form Young Indian to usurp AJL’s properties for a nominal sum, primarily to benefit the top Congress leadership.

It had also claimed that several senior Congress leaders were involved in “fake transactions”, including the issuance of fraudulent advance rent payments supported by fabricated rent receipts.

The Congress leadership, however, has consistently denied the allegations, terming the money laundering case as “really strange” and “unprecedented”.

The controversy over the National Herald’s assets came into focus in 2012 when BJP leader Subramanian Swamy filed a complaint in a trial court, alleging that Congress leaders had engaged in cheating and breach of trust in the process of acquiring AJL.

- IANS