ED Challenges Delhi High Court Ruling in National Herald Money Laundering Case
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The Enforcement Directorate (ED) has filed a petition in the Delhi High Court, contesting a special court's decision to decline cognizance of its chargesheet in the National Herald money laundering case. The case involves senior Congress leaders Sonia Gandhi and Rahul Gandhi, who are accused of misappropriating funds to acquire ownership of the National Herald newspaper. The ED's petition argues that the special judge, Vishal Gogne, erred in law by declining to take cognizance of the chargesheet without considering the merits of the allegations. The agency claims that the trial court's decision creates two impermissible classes of scheduled offenses, leading to manifest arbitrariness. The case stems from a private complaint filed by BJP leader Subramanian Swamy in 2012, alleging that the Gandhis and other Congress leaders misappropriated funds to acquire ownership of the National Herald. The ED's chargesheet, filed in April, alleges that Sonia Gandhi and Rahul Gandhi illegally obtained the underlying assets of Associated Journals Limited (AJL) and acquired crores as direct proceeds of crime. The ED's petition argues that the trial court's reasoning is flawed, as it fails to appreciate that cognizance taken by a competent court on a private complaint constituting the scheduled offense stands on a higher footing. The agency claims that the special judge's order has given a 'hall pass' to money launderers on the ground that the scheduled offense is reported by a private individual through a complaint to a magistrate. The ED's case has been ongoing since 2014, when the trial court took cognizance of Swamy's complaint and summoned all the accused, including the Gandhis. The city court granted them bail in December 2015. The ED's charges attract a maximum imprisonment of seven years if proved. The National Herald case has raised questions about the role of politicians in the media and the misuse of funds for personal gain. The ED's petition is a significant development in the case, as it challenges the trial court's decision and seeks to uphold the ED's chargesheet.
