Delhi’s Rouse Avenue Court will decide on Saturday whether to accept the ED’s chargesheet in the National Herald money laundering case. The chargesheet names Congress leaders Sonia Gandhi, Rahul Gandhi, and others under the PMLA.
The Rouse Avenue Court in Delhi is expected to announce on Saturday whether it will take cognisance of the Enforcement Directorate’s (ED) chargesheet in the National Herald alleged money laundering case.
The chargesheet names several senior Congress leaders, including Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, and others under the Prevention of Money Laundering Act (PMLA). The ED has accused the leaders of financial irregularities connected to Associated Journals Ltd (AJL), the company that originally published the National Herald newspaper.
Courtroom Proceedings and Legal Arguments
During an earlier hearing, Additional Solicitor General (ASG) SV Raju, representing the ED, asked the court to direct all accused to file their replies. However, Senior Advocate Pramod Dubey, appearing for Dotex Merchandise Pvt Ltd (one of the accused companies), opposed this move at this early stage.
Several senior lawyers appeared in the case on behalf of different parties. Senior Advocate Abhishek Manu Singhvi appeared virtually for Sonia Gandhi, while Senior Advocate RS Cheema represented Rahul Gandhi. Advocate Sushil Bajaj argued for Suman Dubey, and Senior Advocate Madhav Khurana represented the Young Indian firm. On behalf of the Enforcement Directorate (ED), Additional Solicitor General SV Raju presented the agency’s submissions.
‘Right to be Heard’ Under New Criminal Law
The court had earlier issued notices to Sonia Gandhi, Rahul Gandhi, and others, stating that they have a “right to be heard” before the court decides whether to take cognisance of the chargesheet. Judge Vishal Gogne emphasised that this right is necessary to ensure a fair trial and is supported by Section 223 of the new criminal law (BNSS), which strengthens procedural fairness.
In its observations, the court noted that Section 223 gives the accused a special right to be heard even before cognisance is taken. It also clarified that this provision does not conflict with the Prevention of Money Laundering Act (PMLA). Instead, it improves transparency and fairness in criminal proceedings.
The judge added that the BNSS is a progressive law, and its intention must be interpreted in favour of protecting the rights of the accused.
ED’s Stance on New Provisions
The Enforcement Directorate, through ASG SV Raju, stated that under the new legal provisions, the court is required to hear the accused before taking cognisance of the prosecution complaint. The ED maintained that it is following a transparent process and is giving the accused an opportunity to present their side.
Legal Framework of the Case
The prosecution complaint has been filed under Sections 44 and 45 of the PMLA, relating to the alleged offence of money laundering.
The court also took note of the predicate offence, which includes charges under Indian Penal Code (IPC) Sections 403, 406, 420, and 120B. This earlier case is already being tried at the Rouse Avenue Court. Under PMLA provisions, both the predicate offence and the money laundering case must be heard in the same court to ensure consistency in the trial process.
Background and Next Steps
The National Herald case originally began with a complaint by former MP Subramanian Swamy, alleging misuse of funds by Congress leaders and associated companies linked to Associated Journals Ltd (AJL). The court’s upcoming decision on whether to take cognisance of the ED’s chargesheet will determine the next steps in this long-running and closely watched case. (ANI)
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