New Delhi: Delhi’s Rouse Avenue Court on Thursday issued a notice to former Congress Chairperson Sonia Gandhi, Rahul Gandhi, and other proposed accused to be heard on the question of cognisance of the chargesheet filed against them in the National Herald money laundering case.
The judge said that Rahul Gandhi, Sonia Gandhi and others who have been named by the Enforcement Directorate (ED) in its chargesheet have a right to be heard at the time of cognisance. This right comes from a specific proviso of Section 223, which gives a unique (or sui generis) legal protection to the accused at this early point in the process.
It emphasized that this right is not inconsistent with the provisions of the Prevention of Money Laundering Act (PMLA) and should be read in favour of the accused. The court added that the right to be heard at any stage of proceedings breathes life into the right to a fair trial, and that the Enforcement Directorate (ED) does not suffer any detriment if the accused are heard at this stage.
Pepresenting the ED, submitted that the agency does not oppose the issuance of such a notice, supporting the principle of a fair trial. The ED has alleged that Sonia Gandhi and her son Rahul orchestrated a “criminal conspiracy” to “usurp” properties of National Herald’s publisher, Associated Journals Ltd (AJL), worth Rs 2,000 crore, by transferring 99% of the shares for just Rs 50 lakh.
