National Herald PMLA Case: Delhi Court Again Adjourns Cognisance Order On ED Chargesheet To Dec 16

New Delhi: The Rouse Avenue Court in Delhi on Saturday again adjourned the passing of its order on whether to take cognisance of the Enforcement Directorate's (ED) chargesheet in the National Herald money laundering case. The court will now pronounce its order on December 16.

The chargesheet names several senior Congress leaders, including Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, and others under the Prevention of Money Laundering Act (PMLA). The ED has alleged financial irregularities involving Associated Journals Ltd (AJL), the original publisher of the National Herald.

During previous hearings, ASG SV Raju, appearing for the ED, urged the court to direct all accused to file their replies. Senior Advocate Pramod Dubey, representing Dotex Merchandise Pvt Ltd, opposed the issuance of such directions at this stage. Several defence lawyers also requested more time to examine the extensive case records.

Senior Advocate Abhishek Manu Singhvi appeared virtually for Sonia Gandhi, while RS Cheema represented Rahul Gandhi. Advocate Sushil Bajaj appeared for Suman Dubey, and Senior Advocate Madhav Khurana represented the Young Indian firm. ASG SV Raju appeared on behalf of the Enforcement Directorate.

Earlier, the court had issued notices to Sonia Gandhi, Rahul Gandhi, and others, observing that they have a "right to be heard" before any decision is taken on cognisance. Special Judge Vishal Gogne stressed that this right is essential for a fair trial, supported by Section 223 of the new criminal law (BNSS).

The court had noted that Section 223 grants the accused a special opportunity to be heard even before cognisance is taken. This provision does not conflict with the PMLA and, in fact, strengthens fairness and transparency in criminal proceedings. The judge also noted that BNSS is a progressive law aimed at protecting the rights of the accused.

The ED submitted that under the new legal provisions, the court must hear the accused before taking cognisance of the prosecution complaint filed under Sections 44 and 45 of the PMLA.

The court also took note of the predicate offence already under trial at Rouse Avenue Court includes IPC Sections 403, 406, 420, and 120B. Under PMLA rules, the predicate offence and the money laundering case must be heard in the same court.

The National Herald case originated from a complaint filed by former MP Subramanian Swamy, alleging misuse of funds by Congress leaders and companies linked to AJL.

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