A Delhi court on Tuesday (16th December) dismissed the money laundering complaint lodged by the Enforcement Directorate (ED) against Congress leaders Rahul Gandhi and Sonia Gandhi relating to the National Herald case.
Dismissing the complaint, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court clarified that the ED’s complaint was not maintainable in law as it was based on a private complaint filed by BJP leader Subramanian Swamy before a magistrate under Section 200 of the Code of Criminal Procedure and not on an FIR under the Prevention of Money Laundering Act (PMLA).
The court stated that the ED can only initiate a money laundering case based on an FIR filed with respect to a scheduled offence of the PMLA. “Since the present prosecution complaint about the offence money laundering is founded on cognisance and summoning order upon a complaint under Section 200 CrPC filed by a public person, namely Dr Subramanian Swamy, and not upon an FIR, cognisance of the present complaint is impermissible in law,” the Court said.
“An investigation and the consequent prosecution complaint of the offence of money laundering defined under Section 3 and punishable under Section 4 is not maintainable in the absence of a FIR or the offence mentioned in the Schedule to the Act,” the Court added. “Cognisance of the offence defined under Section 3 and punishable under Section 4 is declined. The complaint is dismissed,” the Court ruled.
Noting that an FIR had been registered in the matter by the Delhi Police’s Economic Offences Wing (EOW), the court did not deem it fit to examine the ED’s submissions in relation to the merit of the allegation. However, the court said that since the Delhi Police has lodged an FIR, the central agency could continue its investigation into the matter.
The National Herald case relates to the acquisition of Associated Journals Ltd (AJL), the publisher of the now-defunct National Herald newspaper, by Young Indian Pvt Ltd (YIL). The ED’s case stemmed from a complaint filed by former Union Minister Subramanian Swamy, accusing Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda, and the Gandhi family-controlled Young Indian of cheating, criminal conspiracy, criminal breach of trust and misappropriation of property. In 2015, the Gandhis were granted unconditional bail in the case.
