National Herald case: Court directs ED to give a copy of charge sheet to Swamy, orders daily hearing from July 2 to 8

Delhi court to conduct daily hearings in National Herald case

A Delhi Special court on Wednesday directed the Enforcement Directorate (ED) to give a copy of its charge sheet against Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald case to Subramanian Swamy. Congress leaders sought more time to study ED’s chargesheet and Special Judge Vishal Gogne of the Rouse Avenue Court said that it would hear the National Herald money laundering case on a daily basis from July 2 to 8.

Senior Advocate Abhishek Manu Singhvi, appearing for the Gandhis, sought more time to go through the voluminous case record. Singhvi said the records are more than 5000 pages and need time and asked that the matter be adjourned to July. However, the Court proceeded to allow the Enforcement Directorate (ED) to make its opening arguments today.

“Learned ASG has advanced opening submissions. The matter shall be taken on a day-to-day basis from July 2 till July 8 for submissions on behalf of ED and the proposed accused.” Appearing for the ED, Additional Solicitor General (ASG) S V Raju and Advocate Zoheb Hossain sought to establish the proceeds of crime garnered in the case. In addition to Section 3 of the Prevention of Money Laundering Act, Section 411 of the Indian Penal Code (IPC), which deals with the offence of dishonestly receiving or retaining stolen property, was also applicable to this case, they argued.

“Young Indian had no business activity except for continuing for the benefit of the accused. The shares, assets, and rent are the proceeds of crime. The advertisements and loans have kept out…Once the share has been issued, it is property. The issuance of shares [of AJL] to Young Indian amounts to an offence of cheating,” Hossain said.

The Court then asked, “These shares are the derivatives of a scheduled offence? A scheduled offence is a trigger for money laundering. It has to be derivative. Not every activity of a company may be money laundering. It may be criminal activity.” The judge sought clarification on whether the alleged wrongful acts are ascribed to individuals, and whether the Congress party was a victim.

The Court then asked Hossain to answer a few questions surrounding the case, including, “Are assets owned by the company or shareholders? Who owns the property as of today? In simple words, if the property of A is usurped by B, does it become proceeds of crime when it was clean in the hands of A?”

First petitioner Subramanian Swamy argued for getting a copy of the ED’s chargesheet. ASG SV Raju sought time to get a brief from ED. In order to provide a copy to Swamy, the Judge observed that ED’s case arises from Swamy’s private case and his complaint to ED. Apart from Gandhi’s other persons and firms chargesheet includes Suman Dubey, Sam Pitroda, and Sunil Bhandari. Young Indian and Dotex Mechanise Pvt Limited, which gave initial funding of Rs. One crore to Young Indian was also charged by the ED. Dotex is believed to be the shell firm linked to RPG Group, and Sunil Bhandari is the Director of this little-known company.

PGurus Managing Editor Sree Iyer has published a detailed report on the National Herald scam.[1]

Reference:

[1] National Herald frauds: Arrogant stealing of prime real estate – another instance of hubris of the Gandhi family – Amazon.in

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