National Herald case: Sonia and Rahul get major relief, court refuses to take notice of charge sheet

The Rouse Avenue Court has refused to take notice of the charge sheet filed by the Enforcement Directorate (ED) against Sonia Gandhi and Rahul Gandhi in the National Herald money laundering case. Special Judge Vishal Gogna declined to take notice of the ED charge sheet.
The court had reserved its order on November 7. On September 6, the ED had filed a copy of the complaint filed with the ED on July 4, 2014, by Subramanian Swamy, and a document dated June 30, 2021. During the hearing, the ED said that those who donated to the Congress party were cheated. The ED said that some of the donors were given tickets. The ED opposed the Gandhi family's argument that they had no control over Associated Journals Limited (AJL). They said that AJL was primarily the publisher of National Herald.
In this case, senior counsel R S Cheema, appearing for Rahul Gandhi, said that the Congress did not try to sell AJL, but wanted to save the institution, as it was part of the freedom movement. Cheema asked why the ED was not preparing the memorandum of association of AJL. AJL was founded in 1937 by Jawaharlal Nehru, J B Kriplani, Rafi Ahmed Kidwai, and other Congress leaders. Cheema argued that the memorandum of association of AJL stated that all its policies would be those of the Congress.
Senior counsel Abhishek Manu Singhvi, representing Sonia Gandhi, argued that the ED had made a surprising and unexpected case. This was a money laundering case in which there was no mention of assets. Singhvi argued that Young India had initiated the entire process to free Associated Journals Limited from debt. Every company takes legal action to become debt-free. Singhvi argued that the ED had done nothing for years and started action on the basis of a personal complaint.
On May 2, the court had issued notices to seven accused, including Sonia Gandhi and Rahul Gandhi, in the case. The ED had filed a protest petition in the court on April 15. The ED has named Congress leader Sonia Gandhi, Lok Sabha Opposition Leader Rahul Gandhi, and Sam Pitroda as accused in the case. The ED filed the complaint under sections 44 and 45 of the Prevention of Money Laundering Act.