The Rouse Avenue Court in Delhi on Thursday sent a notice to former Congress Chairperson Sonia Gandhi, Rahul Gandhi, and other suggested accused to discuss the matter of cognisance regarding the chargesheet submitted against them in the National Herald money laundering case.
The court determined that the shortcomings in the chargesheet have been rectified, and the current question is whether a notice under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) ought to be served.
Accused have right to be heard under Section 223 of BNSS: Court
The judge stated that Rahul Gandhi, Sonia Gandhi, and others mentioned by the Enforcement Directorate (ED) in its chargesheet are entitled to be heard during the cognisance process. The case is scheduled to be heard again on May 8.
The court observed that the matter is currently in the stage of evaluation. At this point, the defendants possess a distinct right to present their case before the court determines whether to officially pursue charges against them. This entitlement stems from a distinct clause of Section 223, which provides a unique (or sui generis) legal safeguard to the accused at this initial stage in the procedure.
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Right is not inconsistent with provisions of PMLA
It stressed that this right does not conflict with the provisions of the Prevention of Money Laundering Act (PMLA) and ought to be interpreted in favor of the accused.
The court emphasized that the entitlement to be heard during any part of the proceedings enhances the right to a fair trial, and that the Enforcement Directorate (ED) does not face any disadvantage if the accused are allowed to be heard.
The Additional Solicitor General, who represents the ED, stated that the agency is not against the issuance of such a notice, endorsing the idea of a fair trial.
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The National Herald Money Laundering Case
The ED has accused Sonia Gandhi and her son Rahul of devising a “criminal conspiracy” to “seize” the assets of National Herald’s publisher, Associated Journals Ltd (AJL), valued at Rs 2,000 crore, by transferring 99% of the shares for merely Rs 50 lakh. The assets were obtained by a private company, Young Indian, overseen by Sonia Gandhi and Rahul.
The ED has identified Sonia Gandhi, her son Rahul, and Congress leaders Sam Pitroda and Suman Dubey as defendants in the National Herald money laundering case.
