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Court Sends Notice To Sonia, Rahul Gandhi In National Herald Case

The case is currently under consideration, granting the accused a special right to be heard before the court decides to proceed formally

On Thursday, Delhi’s Rouse Avenue Court issued a notice to former Congress Chairperson Sonia Gandhi, her son Rahul Gandhi, and other proposed defendants to address the issue of cognizance regarding the chargesheet submitted against them in the National Herald money laundering case.

The court determined that the deficiencies in the chargesheet have been rectified and the current matter is whether a notice under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) should be issued.

It acknowledged that the case is at the consideration stage, where the accused possess a special right to be heard prior to the court’s decision on formally proceeding with the case against them.

This right is derived from a specific proviso of Section 223, which provides unique legal protection to the accused at this preliminary stage. The court underscored that this right aligns with the provisions of the Prevention of Money Laundering Act (PMLA) and should be interpreted in favor of the accused.

Furthermore, it stated that the right to be heard at any stage of the proceedings is essential to ensuring a fair trial, and that the Enforcement Directorate (ED) would not be adversely affected by allowing the accused to present their case at this juncture.

The Additional Solicitor General, representing the ED, indicated that the agency does not oppose the issuance of such a notice, thereby endorsing the principle of a fair trial.

Previously, the ED had accused Sonia Gandhi and Rahul Gandhi of orchestrating a ‘criminal conspiracy’ to ‘usurp’ properties belonging to the publisher of National Herald, Associated Journals Ltd (AJL), valued at Rs 2,000 crore, by transferring 99% of the shares for merely Rs 50 lakh.

The assets were acquired by a private entity, Young Indian, which is under the control of Sonia Gandhi and Rahul.

The ED has identified Sonia Gandhi, Rahul Gandhi, and Congress leaders Sam Pitroda and Suman Dubey as accused in the National Herald money laundering case.

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