National Herald Case: Court Issues Notice to Sonia, Rahul Gandhi for Hearing on Chargesheet

A Delhi court has issued notices to Sonia Gandhi, Rahul Gandhi, and other accused in the National Herald case, stating they have the right to be heard before cognisance of the ED chargesheet.

In a significant development in the National Herald money laundering case, Delhi’s Rouse Avenue Court on Thursday issued a notice to Congress leaders Sonia Gandhi and Rahul Gandhi, granting them the right to be heard on whether to take cognisance of the Enforcement Directorate’s (ED) chargesheet.

The court acknowledged that the deficiencies in the chargesheet have been addressed and said the matter now hinges on whether a joint trial under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) should proceed.

“The accused named by the ED, including Sonia Gandhi and Rahul Gandhi, have a special right to be heard at the time of cognisance,” the judge noted, adding that this provision provides a unique legal safeguard at an early stage of proceedings.

The court emphasized that the right to be heard before cognisance strengthens the broader principle of a fair trial and does not conflict with the provisions of the Prevention of Money Laundering Act (PMLA).

“The right to be heard breathes life into the right to a fair trial,” the court observed, pointing out that the ED would not suffer any procedural disadvantage from allowing the accused to present their side at this stage.

Additional Solicitor General, appearing for the ED, also supported this position, stating the agency does not oppose such notices being issued.

The ED has accused Sonia and Rahul Gandhi of orchestrating a “criminal conspiracy” to gain control over properties worth ₹2,000 crore belonging to Associated Journals Ltd (AJL), the publisher of the now-defunct National Herald newspaper.

According to the chargesheet, the Gandhis allegedly acquired 99% of AJL’s shares for just ₹50 lakh through a company called Young Indian, in which they are majority stakeholders. Senior Congress leaders Sam Pitroda and Suman Dubey have also been named as accused in the case.

The National Herald case has been under investigation for years, with multiple hearings and summons issued to the Gandhis. The ED has been probing the alleged financial irregularities under provisions of the PMLA.

The case stems from complaints that the transfer of AJL’s assets to Young Indian was conducted without proper compensation and amounted to money laundering and criminal breach of trust.

The court has scheduled the next hearing for May 8, where it will consider whether to take formal cognisance of the chargesheet and move towards framing charges.

Legal experts view this development as a crucial step that upholds procedural fairness while moving closer to a potential trial in the high-profile case.