Three days after Delhi police registered an FIR against Congress MPs Sonia Gandhi and Rahul Gandhi and others in the National Herald Case, a judicial magistrate had on October 6 ordered the police to inform the accused and supply a copy to them, but it did not comply and challenged the order in a higher court instead.
This came to light on Sunday when the FIR was made public by the police for the first time after nearly two months and a day after a Delhi trial court deferred the pronouncement of its decision on the cognisance of the Enforcement Directorate (ED) chargesheet against the Gandhis in the same case to December 16.
Acting on a complaint from the ED, which is already probing the case, Delhi police’s economic offences wing filed an FIR on October 3 and charged Sonia, her son Rahul and others with criminal conspiracy and cheating in the case. Sources said the move was aimed at strengthening the case.
In April, the ED had filed a chargesheet against seven people, including Sonia and Rahul, in connection with the National Herald money laundering case, prompting the Congress to allege “vendetta politics” and “intimidation” by the Narendra Modi government.
On the revelation of the latest FIR by the police in the same case, the Congress on Sunday alleged that the “Modi-Shah duo” was continuing with its mischievous politics of harassment, intimidation, and vendetta against the party’s top leadership.
In a post on X, Congress general secretary in charge of communications Jairam Ramesh said: “The Modi-Shah duo is continuing with its mischievous politics of harassment, intimidation, and vendetta against the top leadership of the INC. Those who threaten are themselves insecure and afraid.”
“The National Herald matter is a completely bogus case. Justice will ultimately triumph. Satyameva Jayate,” he said.
In its FIR, the police have also named Congress leaders Sam Pitroda and Suman Dubey, entities such as the Young Indian (YI) and Dotex Merchandise Ltd, Dotex promoter Sunil Bhandari, Associated Journals Ltd. (AJL) and unknown others, besides the Gandhis. These entities are also named as an accused (except unknown others) in the ED chargesheet.
Sources said the police’s FIR was based on an ED complaint. Under Section 66(2) of the Prevention of Money Laundering Act (PMLA), the ED can ask any agency to register and probe a scheduled offence. The agency, in its complaint to the police, claimed that it had obtained new evidence suggesting that government-allotted properties, originally granted to AJL at concessional rates for public welfare, were diverted for private benefit.
According to court records, Delhi police on October 4 filed a copy of the FIR before the court of the additional chief judicial magistrate (ACJM), a day after registering an FIR. Two days later, the ACJM directed the police to inform the accused about the said FIR and to supply a copy to them.
However, the police on October 8 moved the sessions court and challenged the order, and the matter was listed before special judge Vishal Gogne of Rose Avenue Courts. The sessions court, in its order, stayed the magistrate’s order till November 1, which was later extended till December 15.
The police have pressed charges under sections 120B (criminal conspiracy), 403 (dishonest misappropriation of property), 406 (punishment for criminal breach of trust) and 420 (cheating) of the IPC in the FIR.
The ED probe, which began in 2021, stems from a complaint filed by BJP leader Subramanian Swamy in 2014 before a Delhi court.
The complaint highlighted a “criminal conspiracy” by several prominent political figures, including Sonia and Rahul, late Congress leaders Motilal Vora and Oscar Fernandes and Suman Dubey, Pitroda and the private company Young Indian for their alleged involvement in a money-laundering scheme related to the fraudulent takeover of properties valued at over ₹2,000 crore belonging to the AJL.
Sonia and Rahul are the majority shareholders of Young Indian, with 38 per cent shares held by each. The ED claimed its investigation has “conclusively” found that Young Indian, which was “beneficially owned” by Sonia and Rahul, “acquired” AJL properties worth ₹2,000 crore for a mere ₹50 lakh, significantly undervaluing its worth.