NEW DELHI: The Delhi High Court on Monday directed Congress leaders Sonia Gandhi, Rahul Gandhi and others to respond within three weeks to the pleas of the Enforcement Directorate (ED) challenging a trial court order refusing to take cognisance of its chargesheet against them in the National Herald money laundering case.
Justice Manoj Jain posted the matter for hearing on September 10 after counsel for the Gandhis and other respondents sought time to file their replies.
During the hearing, Solicitor General Tushar Mehta, appearing for the ED, argued that the trial court had gone “terribly wrong in this case”. He said the respondents had not filed their replies despite being given two months by the high court. “This is only a question of law. Time to file reply was given two months ago. I can’t object to filing a reply. This is a pure question of law,” Mehta said.
Recording the submission, Justice Jain said, “List on September 10 for arguments. Let reply, if not already filed, be filed in three weeks.” The high court had issued notice to Sonia Gandhi, Rahul Gandhi and others on the ED’s plea on December 22.
A Delhi court on December 16 refused to take cognisance of the ED’s prosecution complaint under the Prevention of Money Laundering Act. The court held that the complaint was not maintainable as the money laundering case was not based on an FIR registered by an investigating agency. The court, however, noted that Delhi Police has registered an FIR in relation to the matter.
Case rests on complaint filed by BJP leader
Apart from the Gandhis, the ED had named Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari as accused as well in the case. The ED launched the probe on the basis of a private complaint filed by BJP leader Subramanian Swamy before a metropolitan magistrate.