Blitz Bureau
NEW DELHI: The Delhi High Court has issued notice to Congress Parliamentary Party Chairperson Sonia Gandhi, Leader of Opposition in the Lok Sabha Rahul Gandhi and others on a criminal revision petition filed by the Enforcement Directorate (ED) challenging a trial court order that refused to take cognisance of its money laundering complaint in the alleged National Herald case. After hearing the ED, a singlejudge Bench of Justice Ravinder Dudeja on December 22 sought responses from the Gandhis and issued notice on the main plea as well as the stay application.
Earlier, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court had declined to take cognisance of the ED’s complaint, holding that it was not maintainable in law. While granting relief to Sonia and Rahul, the trial court had clarified that the ED was at liberty to continue its investigation in accordance with the law.
Apart from the Gandhis, the ED has arrayed Congress Overseas chief Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian and Dotex Merchandise Private Limited as proposed accused in the case. Appearing for the ED, Solicitor General Tushar Mehta submitted before the Delhi High Court that if the trial court’s order is allowed to stand, it would render the PMLA redundant. “This brings the PMLA on its head. It becomes otiose and redundant if this order is to sustain,” Mehta said. He argued that the trial court had committed a grave error by holding that the ED could not act where a court has taken cognisance of a private complaint under Section 200 of the CrPC.
He argued that such an interpretation could affect several other cases, implying that only a police FIR can initiate proceedings under the PMLA.
