A Delhi Special court on Wednesday directed Enforcement Directorate to give a copy of its Chargesheet 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 of more than 5,000. They 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) SV 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 benefit of 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 a 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 scheduled offence? Scheduled offence is a trigger for money laundering. It has to be derivative. Not every activity of 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 company or shareholders? Who owns the property as on today? In simple words, if the property of A is usurped by B, does it become proceeds of crime when it was clean in hands of A?”
First petitioner Subramanian Swamy argued for getting copy of ED’s chargesheet. ASG SV Raju sought time to get brief from ED. Ordering to provide copy to Swamy, Judge observed that ED’s case arise from Swamy’s private case and his complaint to ED. Apart from Gandhi’s other persons and firms chargesheeted are 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 chargesheeted by ED.