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New Delhi, December 16 (IANS): A Delhi court on Tuesday held that Congress Parliamentary Party Chairperson Sonia Gandhi and Leader of the Opposition (LoP) in the Lok Sabha Rahul Gandhi, and several others were not entitled to be given a copy of the latest First Information Report (FIR) registered against them by the Delhi Police in connection with the National Herald case.
Setting aside an earlier order passed by a Magistrate court, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts ruled that the accused could be informed about the registration of the FIR.
The ruling came on an application filed by the Economic Offences Wing (EOW) of the Delhi Police challenging the Magistrate court’s directions to supply a copy of the FIR to the accused.
The controversy stems from the registration of a fresh FIR on October 3 by the EOW, which has reignited a decade-long dispute involving the National Herald newspaper and its parent company, Associated Journals Limited (AJL).
The FIR names Sonia Gandhi, Rahul Gandhi, and six others in connection with allegations of criminal conspiracy and financial irregularities. It was registered based on a complaint from the Enforcement Directorate (ED) after repeated scrutiny of financial transactions and property acquisitions linked to AJL and associated entities.
The FIR accuses the Gandhis and six others of criminal conspiracy to “fraudulently take over Associated Journals Limited (AJL)”, the parent company of the now out-of-print National Herald newspaper.
Alongside Sonia and Rahul Gandhi, the FIR names Sam Pitroda, Suman Dubey and Sunil Bhandari, as well as three entities -- Young Indian, Dotex Merchandise Pvt Ltd, and AJL.
According to court records, on October 4, the police filed a copy of the FIR before the court of the Additional Chief Judicial Magistrate (ACJM). Two days later, the ACJM directed the police to inform the accused about the FIR and to supply them with a copy. However, on October 8, the Delhi Police challenged this order, and Special Judge Vishal Gogne stayed the Magistrate’s directions on the same day.
The police argued that the Magistrate’s order was contrary to Supreme Court judgments since none of the accused had applied for a copy of the FIR.
According to the FIR, the alleged conspiracy aimed to acquire AJL -- which owned properties valued at over Rs 2,000 crore -- for a nominal sum of Rs 50 lakh through Young Indian, a company beneficially owned by Sonia and Rahul Gandhi.
Meanwhile, the investigation has widened with the EOW issuing a notice on December 5 to Karnataka Deputy Chief Minister D.K. Shivakumar in connection with the National Herald case.
The police reportedly believe that Shivakumar has key information relevant to the case.
The notice seeks detailed financial and transaction-related information, including details and bifurcation of the amounts given to Young Indian by Shivakumar, his associated and related companies, firms and trusts.
Shivakumar is believed to hold important information connected to the FIR registered on October 3 against Sonia Gandhi and Rahul Gandhi. Allegedly, Shivakumar and his brother D.K. Suresh had personally donated Rs 2.5 crore to Young Indian, while an additional Rs 2.5 crore was donated through Shivakumar’s trusts.
Earlier, the ED had questioned the Shivakumar brothers in relation to these allegations. Now, in connection with the same case, the Delhi Police have directed Shivakumar to furnish the required details and appear for inquiry on or before December 19.
The Congress has accused the BJP leadership of using investigative agencies to target opposition figures, calling the move an attempt to intimidate and harass party leadership.
Congress leaders have consistently maintained that the case is politically engineered to malign the party and its senior leadership, while BJP leaders have defended the probe as a legitimate legal action backed by evidence.
Earlier in the day, a Delhi court refused to take cognisance of the ED’s prosecution complaint in the alleged National Herald money laundering case, granting major relief to the Gandhis and other proposed accused.
Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court held that the complaint filed by the ED under the Prevention of Money Laundering Act (PMLA) was not maintainable.
