Court holds off issuing summons to Sonia, Rahul Gandhi in Herald case

Special judge Vishal Gogne was acting on a plea of the ED, which claimed cognisance of the complaint cannot be taken without hearing the accused according to the new provisions of law.

The Enforcement Directorate had earlier submitted a prosecution complaint against senior Congress leaders Rahul Gandhi and Sonia Gandhi in a Delhi court (File Photo | ANI)

NEW DELHI: A special court on Friday decided to hold off issuance of summons to Congress leaders Sonia Gandhi, Rahul Gandhi, and others, in the money laundering case linked to the National Herald, noting that certain essential documents were absent from the complaint.

The Enforcement Directorate (ED) had approached the court seeking issuance of notice to the accused before the court formally takes cognisance of the ED complaint, equivalent to a chargesheet. The agency argued that under the revised legal provisions, the accused must be given a hearing before such a step is taken.

“We don’t want this to be dragged on. Let the notice be issued,” the ED urged the court.

However, Special Judge Vishal Gogne of the Rouse Avenue Court said the court could not pass such an order until it is fully convinced that a notice is necessary. He noted that certain essential documents mentioned by the court’s record keeper (Ahlmad) were missing from the ED chargesheet.

“The court first has to examine if there are any gaps. Until then, we cannot proceed to issue notice,” the judge said.

He directed the ED to file the missing paperwork before any further steps are taken. The judge said only after all documents are on record will the court decide whether a notice should be issued.

Responding to the judge’s observations, the ED maintained it was acting with full transparency. “We’re not concealing anything. We want to allow them (accused) a fair chance to present their side before cognisance is taken,” the ED said. The matter has been adjourned until May 2.

Earlier this month, ED had issued notices to take possession of immovable assets valued at `661 crore that were previously attached as part of a money laundering probe related to the Congress-linked National Herald newspaper and Associated Journals Limited.

The Congress had earlier termed the probe “vendetta tactics” and dubbed the ED a “coalition partner” of the BJP.

The ED investigation began in 2021 after the Metropolitan Magistrate at Patiala House Courts in Delhi took cognisance of a private complaint filed by BJP leader Subramanian Swamy on June 26, 2014.