New Delhi: Advocate Satya Sabharwal described the ED’s filing of a prosecution complaint (chargesheet) against Rahul Gandhi, Sonia Gandhi, and others in the purported National Herald case as a “much-awaited” action by the relevant authorities.
Advocate Sabharwal, who is also defending the complainant in the Subramanian Swamy case, told the media report on Tuesday that the case is a blatant example of money laundering.
“ED took a long-awaited move today when it filed a prosecution case before trial courts and requested cognizance of the courts. Money laundering, corruption, and criminal breach of trust are all evident in this case. “Satyamev Jayate, this is a really good step that the agencies have taken,” he remarked.
In the purported National Herald case, the Enforcement Directorate filed a prosecution complaint (chargesheet) against Rahul Gandhi, Sonia Gandhi, and other defendants at Delhi’s Rouse Avenue Court on Tuesday. The action was sharply criticized by Congress, which called it “politically motivated.”
On Wednesday, the Congress announced that it will stage a statewide demonstration against the BJP-led government in front of the district-level Enforcement Directorate (ED) offices in each state.
Congressman Sam Pitroda, Suman Dubey, and other individuals, including several companies, are also included in the ED’s chargesheet.
The Delhi Rouse Avenue Court has scheduled the petition for cognizance arguments on April 25.
In accordance with Sections 44 and 45 of the Prevention of Money Laundering Act (PMLA), 2002, the prosecution has filed a complaint for the crime of money laundering, which is defined by Section 3 read with Section 70 and is penalized by Section 4 of the PMLA, 2002.
The predicate offense—recorded under complaint case No. 18/2019—involves charges under Sections 403, 406, and 420, read with Section 120(B) of the Indian Penal Code (IPC), 1860, according to the ED’s counsel, according to Special Judge Vishal Gogne. The case is presently being tried at the Rouse Avenue Courts in New Delhi.
The court noted that in accordance with PMLA Section 44(1)(c), the predicate offense must be prosecuted in the same court that has jurisdiction over the money laundering offense under PMLA Section 3. The court further said that both the PMLA offense and the predicate offense must be tried in the same court.
A Delhi court is hearing the National Herald lawsuit. BJP leader Subramanian Swamy filed the lawsuit against Rahul Gandhi, Sonia Gandhi, their affiliated businesses, and other people.