New Delhi [India], May 2 (ANI): The Rouse Avenue Court on Friday issued a notice to Congress leaders Sonia Gandhi, Rahul Gandhi, and others regarding the chargesheet filed against them by the Enforcement Directorate (ED) in connection with the National Herald money laundering case.
Special Judge Vishal Gogne, while scheduling the next hearing for May 8, stated that Sonia Gandhi, Rahul Gandhi, and other proposed accused have the “right to be heard” at the time of cognisance of the chargesheet.
He further underscored that this right is fundamental to ensuring a fair trial, making the issuance of the notice necessary.
During the hearing, Additional Solicitor General SV Raju appeared for ED in a case where notice was not issued and it was taken to Supreme Court and contentions were raised and the SC stayed the proceedings. In it directly summons were issued and contention was raised that 223 was not followed. In this case I am taking the stand that accused has to be heard.
In the matter court stated that since the present complaint is at the stage of consideration regarding notice. The short question is whether a notice is required to be issued to the accused under 223. SV Raju then submitted that there is no objection to notice being issued and it is liable to be followed by virtue of the Tarsem Lal judgment.
The court has considered the applicability of the proviso in the present proceeding and has considered the judgment. The court does not find the proviso of 223 to be inconsistent with the provisions of PMLA, said the court.
None of the material provisions of PMLA can be said to be competing with the provisions of BNSS. The proviso creates a sui generis right for the accused to be heard at pre cognizance stage. The right to be heard at any stage of trial breathes life to right to fair trial.
The court finds that in adherence to fair trial the right to be heard is not against the provisions of PMLA. Section 223 is a salutory provision and is designed to protect them from false implications. BNSS is therefore a progressive legislation. This benevolent intent should be read in favour of the accused, said the court.
The Enforcement Directorate, through Additional Solicitor General and Senior Advocate SV Raju, submitted that under the new legal provisions, cognisance of the complaint (chargesheet) cannot be taken without first hearing the accused.
The ED maintained its stance of transparency, stating, “We are not hiding anything. We are giving them the opportunity to present their side before cognisance is taken.”
The Enforcement Directorate (ED) has recently filed a prosecution complaint against Congress’s top leaders, Rahul Gandhi and Sonia Gandhi, in connection with the National Herald money laundering case.
The said chargesheet also named Congress leader Sam Pitroda and Suman Dubey, and others, including several firms. The prosecution complaint has been filed under Sections 44 and 45 of the Prevention of Money Laundering Act (PMLA), 2002, for the offence of money laundering, as defined under Section 3, read with Section 70, and punishable under Section 4 of the PMLA, 2002. Special Judge Vishal Gogne stated that, as per the submission of the counsel representing the ED, the predicate offense–recorded under complaint case No. 18/2019–includes charges under Sections 403, 406, and 420, read with Section 120(B) of the Indian Penal Code (IPC), 1860, and is currently under trial at the Rouse Avenue Courts in New Delhi. The court observed that, under Section 44(1)(c) of the PMLA, the predicate offence must be tried in the same court that has taken cognisance of the money laundering offence under Section 3 of the PMLA.
The court further noted that both offences–the predicate offence and the PMLA offence–must be adjudicated in the same jurisdiction. The National Herald case is an ongoing legal matter in a Delhi court, originally filed by Indian economist and politician Subramanian Swamy against Sonia Gandhi, Rahul Gandhi, their associated companies, and other individuals.(ANI)
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