Two days after a Delhi court gave relief to Congress leaders Sonia Gandhi and Rahul Gandhi by dismissing ED complaint as not ‘maintainable’ under PMLA, the Enforcement Directorate (ED) has approached the Delhi High Court challenging trial court dismissal order of the complaint against the duo and others in the National Herald case.
The criminal revision petition is likely to be listed for hearing before the Court next week.Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court had on December 16 rejected ED's complaint, holding that it was not maintainable under the Prevention of Money Laundering Act (PMLA) since the case was based on a private complaint filed by BJP leader Subramanian Swamy and not any First Information Report (FIR).
“Since the present prosecution complaint pertaining to 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, cognizance of the present complaint is impermissible in law,” the Court ruled.It underscored that ED can initiate a money laundering case only based on an FIR with respect an offence mentioned in the schedule of the PMLA.
"An investigation and the consequent prosecution complaint pertaining to 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 said as it dismissed the ED complaint against Gandhis.
Apart from Gandhis, Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari had also been made accused by the ED.The National Herald case stems from a private complaint by former Union Minister Subramanian Swamy accusing Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda, and Gandhi family-controlled Young Indian of cheating, criminal conspiracy, criminal breach of trust and misappropriation of property.
The ED filed a prosecution complaint against the Gandhis as well as Pitroda and others on April 15 this year.According to ED, there was laundering of 'proceeds of crime' derived from the alleged fraudulent takeover of the properties of Associated Journals Limited (AJL) – publishers of National Herald, which is worth more than ₹2,000 crore - by a company called Young Indian.
Gandhis are stated to be the majority shareholders in the firm.It is ED's case that the shares of AJL were transferred to Young Indian under a criminal conspiracy to illegally obtain the assets of AJL. The value of shares, the immovable properties of AJL and the rent generated from them are the alleged proceeds of crime in the ED case.
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