New Delhi: A Delhi court on Friday issued notice to Congress leaders Sonia Gandhi, Rahul Gandhi and other accused in the National Herald case under the Prevention of Money Laundering Act (PMLA), and listed the matter for hearing on May 8.
Special Judge for MPs/MLAs cases Dr. Vishal Gogne said: “The court finds that notice is required to be issued to the proposed accused persons for hearing on the question of cognizance upon the present complaint” and cited various provisos relating to the PMLA.
“It is thus directed that notice be issued to the proposed accused persons in order that they may be heard on the question of cognizance upon the present complaint. Let a copy of the present order, complaint and accompanying documents be sent in digital form alongwith the notice to the proposed accused. Let the notice be issued through all permissible modes. The matter shall be listed for consideration upon the aspect of cognizance on 08.05.2025,” the court said.
The case relates to the allegations of financial irregularities involving the National Herald newspaper which is being investigated by the Enforcement Directorate (ED).
The complainant, Directorate of Enforcement (ED) has instituted the complaint under sections 44 & 45 of Prevention of Money Laundering Act, 2002 (PMLA) in relation to the alleged commission of the offence of Money Laundering as defined under section 3, punishable under section 4 of PMLA.
The complaint has named Sonia Gandhi, Rahul Gandhi, Suman Dubey, Sam Pitroda, M/s Young Indian, M/s Dotex Merchandise Pvt. Ltd and Sunil Bhandari the persons/ entities as the proposed accused in this case.
The scheduled offence which forms the basis of the present complaint is stated to have arisen upon the order of Ld. MM-02, Patiala House Courts, New Delhi dated 26.06.2014 whereby, upon a complaint filed by Dr. Subramanian Swamy, the court issued summons to the accused persons therein with respect to commission of offences under sections 403, 406 and 420 read with section 120B of the IPC. The seven accused who were summoned were Sonia Gandhi, Rahul Gandhi, Moti Lal Vohra, Oscar Fernandes, Suman Dubey, Sam Pitroda and the company by the name M/s Young Indian.
The court said,” Since the present complaint is at the stage of consideration on the aspect of cognizance, the short but potent question presently engaging the court is whether a notice is liable to be issued to the proposed accused persons for hearing at the cognisance stage in view of the proviso to section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (BNSS)”.
Mr. S.V Raju, ASG appearing for the ED, has submitted that the agency has no objection to the issuance of such a notice.
The court has considered the applicability of the proviso to section 223 of the BNSS to the present proceedings.
UNI
