The Rouse Avenue Court in Delhi on Saturday once again postponed its decision on whether to take cognisance of the Enforcement Directorate’s (ED) chargesheet in the National Herald money laundering case. The court is now scheduled to deliver its order on December 16. The ED’s chargesheet names several senior Congress leaders, including Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, and others, under the Prevention of Money Laundering Act (PMLA). The agency has alleged financial irregularities involving Associated Journals Ltd (AJL), the original publisher of the National Herald.

During earlier hearings, ASG SV Raju, representing the ED, requested the court to direct all accused to file their replies. Senior Advocate Pramod Dubey, representing Dotex Merchandise Pvt Ltd, opposed such directions at this stage, while several defence lawyers sought more time to review the voluminous case records. Senior Advocate Abhishek Manu Singhvi appeared virtually for Sonia Gandhi, RS Cheema represented Rahul Gandhi, Advocate Sushil Bajaj appeared for Suman Dubey, and Senior Advocate Madhav Khurana represented Young Indian. ASG SV Raju appeared for the Enforcement Directorate.

Previously, the court had issued notices to Sonia Gandhi, Rahul Gandhi, and others, emphasizing their “right to be heard” before any cognisance decision. Special Judge Vishal Gogne highlighted that this right is crucial for a fair trial, citing Section 223 of the new criminal law (BNSS), which provides accused individuals an opportunity to be heard before cognisance is taken. The judge noted that this provision complements the PMLA, enhancing fairness and transparency in proceedings.

The ED argued that under the new law, the court must hear the accused before taking cognisance of the prosecution complaint under Sections 44 and 45 of the PMLA. The court also observed that the predicate offences, which include IPC Sections 403, 406, 420, and 120B, are already under trial at the Rouse Avenue Court, and under PMLA rules, the predicate offence and the money laundering case must be tried in the same court. The National Herald case stems from a complaint filed by former MP Subramanian Swamy, alleging misuse of funds by Congress leaders and companies associated with AJL.