Sessions court sets aside order on FIR copy to Gandhis in National herald-EOW case

NEW DEHLI: A sessions court in Delhi on Tuesday ordered that Congress leaders Rahul Gandhi, Sonia Gandhi and other accused, named in a fresh FIR in the National Herald case, are not entitled to a copy of the FIR, registered by the Economic Wing Offences (EOW) of Delhi Police though they may be informed that such an FIR has been registered.

In a related development, Delhi’s Rouse Avenue Court has refused to take cognisance of the ED’s chargesheet in the National Herald money laundering case under the Prevention of Money Laundering Act (PMLA).

Passing the order, Sessions judge Vishal Gogne set aside a magistrate’s direction that had required the Delhi Police to supply copies of the FIR to the accused. The court, however, clarified that at this stage, the law does not mandate furnishing a copy of the FIR to the accused, even as it permitted intimation about the registration of the case.

The order was passed in proceedings arising out of a criminal revision petition filed by the Economic Offences Wing (EOW) of the Delhi police, which had challenged the magistrate’s earlier direction. The dispute relates to a fresh FIR registered by the EOW in connection with the long-running National Herald matter.

The FIR was lodged following a complaint by the Enforcement Directorate (ED) and alleges offences including criminal conspiracy, cheating and criminal breach of trust in relation to the affairs of Associated Journals Limited (AJL), the original publisher of the National Herald newspaper. Sonia Gandhi and Rahul Gandhi have been named as accused in the FIR as part of the alleged conspiracy.

According to the ED, AJL’s assets — estimated to be worth over Rs 988 crore — were allegedly transferred to Young Indian, a private company in which Sonia Gandhi and Rahul Gandhi together hold 76 per cent stake, for a consideration of Rs 50 lakh. The agency has alleged that a 2010 transaction, in which the All India Congress Committee (AICC) assigned its right to recover a Rs 90.21 crore loan from AJL to Young Indian, enabled the latter to gain control over AJL and its valuable real estate.

In a related development, Delhi’s Rouse Avenue Court has refused to take cognisance of the ED’s chargesheet in the National Herald money laundering case under the Prevention of Money Laundering Act (PMLA). The court held that cognisance could not be taken at this stage as the ED’s case is founded on a private complaint filed by BJP leader Subramanian Swamy and the summoning orders issued by a magistrate, rather than on any FIR.

The ED’s chargesheet names several senior Congress leaders, including Sonia Gandhi, Rahul Gandhi, Sam Pitroda and Suman Dubey. The agency has also attached AJL properties worth Rs 751.91 crore as part of its money-laundering probe. The case traces its origins to Swamy’s private complaint filed in 2013.

While the Congress has consistently termed the proceedings politically motivated and denied any wrongdoing, the BJP has rejected these claims, asserting that the allegations disclose serious financial irregularities predating the current government. (ANI)