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PMLA case made out against Sonia & Rahul, Cong not accused yet: ED to court
A ‘criminal conspiracy was hatched’ by the accused in the National Herald money laundering case to give control of Associated Journals Ltd properties worth crores to owners of Young Indian, the ED has alleged, as per sources.
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On April 9, the Enforcement Directorate had filed a chargesheet against seven persons, including Congress leaders Sonia Gandhi and Rahul Gandhi, in connection with the case.
The Enforcement Directorate told a Delhi court Wednesday that while the Congress party was not yet an accused in the National Herald case, a prima facie case of money laundering was made out against party leaders Sonia Gandhi and Rahul Gandhi.
“I will show that a prima facie case of money laundering is made out… The attachment of properties took place in November 2023. Until then, the accused were enjoying the proceeds of crime,” Additional Solicitor General SV Raju, appearing for the ED, told the Rouse Avenue court of Special Judge Vishal Gogne.
Raju was accompanied by Special Counsel Zoheb Hossain and Special Public Prosecutor N K Matta.
According to the ED, which filed a chargesheet on April 9, senior leaders of the Congress conspired to usurp properties worth Rs 2,000 crore.
The party, according to the ED, provided an interest-free loan of Rs 90.21 crore to Associated Journals Ltd (AJL) – it used to publish the National Herald newspaper and had assets worth Rs 2,000 crore – for consideration of just Rs 50 lakh. This debt, the agency claimed, was converted into equity in favour of the not-for-profit company Young Indian (YI) in which Sonia and Rahul Gandhi held a majority stake.
Other than firms Young Indian and Dotex Merchandise Pvt Ltd and the Gandhis, the ED also named Congress leaders Suman Dubey and Sam Pitroda as accused in the case.
Telling the court that the Congress party was not an accused yet, Hossain said, “We are examining that. The party is not an accused yet. Donors of the party are victims.”
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Special Judge Gogne asked the ED whether they had a forensic auditor.
“The Court wants to understand exactly how companies work… In what ways they are allowed to issue shares… Are the shares derivatives of the scheduled offence?” he asked.
Hossain said, “There won’t be a neat line between scheduled offence and PMLA. There is always an overlap.”
The judge listed the matter for hearing on a day-to-day basis on July 2, and arguments on cognizance of the chargesheet will continue.
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The ED argued that the rental yield of AJL was sufficient to repay the debt taken from YI.
“Young Indian had no reason for existence except for the benefits of Sonia and Rahul Gandhi… Cash of over Rs 51 lakh was recovered during searches. Multiple incriminating evidence has also been found,” Hossain said.
“Proceeds of crime not only include those properties obtained from the scheduled offence, but also any other criminal activity ‘relatable’ to the proceeds of crime… Rental income worth Rs 142 crore received by the accused persons will be included in this,” he said.
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