The Enforcement Directorate (ED) has filed a chargesheet against seven persons, including Congress leaders Sonia Gandhi and Rahul Gandhi, in connection with its money laundering probe in the National Herald case.
Calling it “politics of vendetta and intimidation”, the Congress said it would hold protests outside ED offices on Wednesday.
While the chargesheet was filed in a special PMLA court on April 9, Special Judge Vishal Gogne on Tuesday examined it on the point of cognizance and posted the matter for April 25.
Last week, the ED had served notices to take possession of immovable assets worth Rs 661 crore — in Delhi, Mumbai and Lucknow — that it had attached as part of the money laundering probe against Associated Journals Limited (AJL), which publishes the National Herald newspaper, and Young Indian, which owns it.
Sonia and Rahul are majority shareholders of Young Indian, which is under the ED scanner over allegations that it acquired AJL and its assets for a “a mere Rs 50 lakh”, although the properties were valued at over Rs 2,000 crore, against an alleged loan extended by the Congress party. Both Sonia and Rahul were questioned in 2022 as part of the probe.
The ED case is based on a trial court order that allowed the Income Tax department to probe the affairs of National Herald and conduct a tax assessment of Sonia and Rahul. The order followed a petition filed by Subramanian Swamy in 2013.
Sources said the ED filed a chargesheet after it found sufficient evidence during its investigation. Besides Sonia and Rahul, the chargesheet also names Sam Pitroda, Suman Dubey, Sunil Bhandari, M/s Young India, and M/s Dotex Merchandise Pvt Ltd. Sources said the ED has pegged the current market value of the assets linked to the money laundering case at Rs 5,000 crore.
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“A fresh prosecution complaint under Sections 44 and 45 of Prevention of Money Laundering Act (PMLA), 2002, for commission of offence of money laundering as defined under Section 3 read with Section 70 and punishable under Section 4 of PMLA, 2002, filed by the ED, has been received by way of assignment,” Special Judge Vishal Gogne said on Tuesday.
“The present PMLA matter has been received by this court upon assignment by the Ld. Principal District and Sessions Judge-cum-Special Judge (PC Act) (CBI)… as proposed accused No. 1 and 2 are sitting MPs from the Rajya Sabha and Lok Sabha respectively,” he said.
“…The present prosecution complaint shall next be taken up for consideration on the aspect of cognizance before this court on April 25 when the… Special Counsel for the ED and IO shall also ensure the production of the case diaries for perusal by the court,” the court said.
“Let the complaint be checked and registered. The Ahlmad (court staff) shall ensure that the entire file/documents are properly paginated. The ED is directed to file a soft copy of the complaint and documents in readable/ OCR format by the next date,” the court said.
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The court also noted the ED’s submission that it would file an application before the district judge for transfer of the case related to the predicate offence — being probed by the CBI for alleged cheating, criminal conspiracy and other offences — to the special court. The predicate offence is required to be tried by the same court which takes cognizance of the offence under Section 3 PMLA, the court said. “However, the power of assignment or transfer of a matter is not vested with this court and is rather the prerogative of the Principal District & Sessions Judge, Rouse Avenue Courts Complex, New Delhi,” it said.
Reacting to the development, Senior Congress leader and Rajya Sabha member Abhishek Manu Singhvi said “the government is only exposing itself” and its campaign of “political vendetta”.
“As stated years ago when this was initiated, the National Herald case is a one-trick wonder where this government has started a money laundering investigation without there being any movement of money or property or any activity which caused a transfer. Merely, a not-for-profit company was created to manage the affairs of National Herald where no dividends can be paid, no commercial transactions take place, and the mere creation of that company with Sonia Gandhi and other members of the Gandhi family or the late Mr Motilal Vohra has been treated as an act of money laundering,” he said.
“Now, there is nothing more except a chargesheet filed in a fake and non-existent case. But anyway, this is being contested and will be contested fully in all aspects. Earlier, all statements have been recorded in this regard by persons including… Sonia Gandhi. I think by such matters, the government is only exposing itself and its campaign of political vendetta because there is absolutely nothing in this case in a legal sense,” he said.
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AICC general secretary in-charge (organisation) KC Venugopal said the move “reeks of desperation from Prime Minister Narendra Modi and Home Minister Amit Shah, who are failing to address the concerns of the people and are looking to continuously create distraction after distraction”.
“The Modi-Shah regime’s vendetta against the Opposition knows no bounds… The witch-hunt against Sonia Gandhi and Rahul Gandhi, using the frivolous, politically motivated and fabricated National Herald case, is a clear example of their attempt at intimidation and silencing of Opposition voices,” he said. “Their petty tactics, using their lapdog agencies, are not going to deter us — in fact, it is only going to further strengthen our resolve against this divisive, destructive regime,” he added.
Congress leader Jairam Ramesh wrote on X: “The seizure of National Herald’s assets is a state-sponsored crime masquerading as the rule of law. The filing of chargesheet against Sonia Gandhi, Rahul Gandhi and some others is nothing but an attempt at vendetta politics and intimidation by the Prime Minister and the Home Minister. The Indian National Congress and its leadership will not remain silent. Satyamev Jayate!”
Hitting back, BJP national spokesperson Shehzad Poonwalla told PTI: “Whosoever indulged in corruption and loot will now have to pay back. Now, ED does not mean entitlement of dacoity and entitlement of dynast… They pocket the public money and grab public property and play the victim card when action is taken… They made public property their own in the National Herald case also.”
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The ED had earlier said that its investigation began in 2021, after a Delhi court took cognizance of a private complaint filed by Subramanian Swamy. “The complaint highlighted a criminal conspiracy by several prominent political figures, including Sonia Gandhi, Rahul Gandhi, late Motilal Vohra, late Oscar Fernandes, Suman Dubey, Sam Pitroda and a private company, Young Indian, for alleged involvement in a money laundering scheme related to the fraudulent takeover of properties valued at over Rs 2,000 crore belonging to AJL,” it said.
The ED had said its findings indicated that Young Indian and AJL properties were used for “generation of further proceeds of crime in the form of bogus donations to the tune of Rs 18 crore, bogus advance rent to the tune of Rs 38 crore and bogus advertisements of Rs 29 crore”.
With ENS inputs