Right to be heard: Court notice to Sonia Gandhi, Rahul in National Herald case

On Thursday, Delhi’s Rouse Avenue Court sent a notice to former Congress Chairperson Sonia Gandhi, Rahul Gandhi, and other accused set to be heard regarding the cognizance of the chargesheet submitted in the National Herald money laundering case.

The court determined that the shortcomings in the chargesheet have been rectified, and the current matter concerns whether a notice under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) ought to be issued. The judge stated that Rahul Gandhi, Sonia Gandhi, and others mentioned by the Enforcement Directorate (ED) in its chargesheet are entitled to a hearing when cognisance is taken. The case is scheduled to be heard again on May 8.

The court observed that the case is currently under review. At this point, the defendants possess a unique right to present their case before the court determines whether to officially proceed with the charges against them. This entitlement arises from a particular clause within Section 223, providing distinct (or sui generis) legal safeguards to the defendant at this initial stage in the procedure.

It highlighted that this right does not conflict with the terms of the Prevention of Money Laundering Act (PMLA) and should be interpreted in favor of the accused. The court noted that the right to be heard during any phase of proceedings enhances the right to a fair trial and that the Enforcement Directorate (ED) is not harmed if the accused are given a chance to be heard at this point.

The Additional Solicitor General, who represents the ED, stated that the agency is in favor of issuing such a notice, backing the concept of a fair trial.

The ED has claimed that Sonia Gandhi and her son Rahul devised a “criminal conspiracy” to “seize” assets of National Herald’s publisher, Associated Journals Ltd (AJL), valued at Rs 2,000 crore, by transferring 99% of the shares for merely Rs 50 lakh. The assets were obtained by a private company, Young Indian, which is overseen by Sonia Gandhi and Rahul.

The ED has identified Sonia Gandhi and her son Rahul, along with Congress officials Sam Pitroda and Suman Dubey, as defendants in the National Herald money laundering case.