- 7 weeks ago
In this Special Report, the focus is on the significant legal relief for Congress leaders Sonia and Rahul Gandhi in the National Herald case. A Delhi court has dismissed the Enforcement Directorate's (ED) complaint, ruling that the agency cannot proceed without a predicate FIR. Senior Advocate Sanjay Hegde explains that the ED has been 'defanged' as the case lacks the foundational 'scheduled offence' required under the PMLA. While the Congress, represented by Adil Singh Boparai, hails the verdict as a victory against 'political vendetta', BJP spokesperson R.P. Singh maintains that the investigation is ongoing and the relief is merely technical. The programme analyzes the political and legal implications of this development.
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NewsTranscript
00:00And let me bring in the guests who are joining us now.
00:03Sanjay Hager, Senior Advocate of the Supreme Court, joins us.
00:06We have Neerja Chaudhary, Senior Journalist and Political Analyst.
00:09And two politicians, Adil Singh Bhopurai and R.P. Singh.
00:14Let's first put this in context in terms of the political fight which is playing out.
00:20R.P. Singh, starting with you.
00:22The Congress says that the senior leadership of the BJP and the government
00:26must apologize for what has been persistent and a consistent political vendetta
00:34and misuse of agencies which has been done against Sonia and Rahul Gandhi.
00:45Maria, first, let's understand the background of the case.
00:48Case started on a private complaint launched in January 2013 by Mr. Subramaniam Swamy in the court.
00:54Not by the police or not by the ED or not by any other agency of the government.
01:01And the case was proceeding in the court.
01:03And what did the court said recently about the relief they got?
01:09The court said that the case is not a political vendetta
01:13because if it was so, then the court could have quashed it like the Bhajanala judgment case.
01:18It never quashed the case.
01:20The only thing is, it's a technical thing which has happened.
01:23It's a procedural technical thing.
01:25The case is still on.
01:27This is one PMLA case.
01:29There's other case which is of the cheating under 420 and other acts of the Constitution.
01:35The case is still on in that also.
01:37The plea is not maintainable.
01:39They are still on bail.
01:40Isn't that enough vindication of what the Congress has been saying?
01:44That the plea is not maintainable is what the court has said.
01:49Isn't that what the Congress says?
01:52Maria, in that case, okay, Maria, in that case, court should have quashed the case.
01:57They should have said, they should have thrown the case in dustbin and said,
01:59no, we shouldn't have proceeded to the case.
02:01Court didn't say so.
02:03They are still out on bail.
02:04What is plea is not maintainable because of this is a technical, potential issue.
02:10This is essentially a temporary or an interim relief.
02:12Okay.
02:12So it's a technical issue, Adil Singh Bhopurai.
02:15Not much of a relief.
02:17Or should I say interim relief only?
02:19Maria, I have great respect for Arapi Singh Ji,
02:21but I pity him today because he's defending the indefensible.
02:25The complaint has been dismissed.
02:28I repeat, the complaint has been dismissed.
02:30An ED complaint is akin to a chart sheet which has been dismissed by a competent court.
02:36Now, please understand how the PMLA functions.
02:39The PMLA functions, the ED can register in ECIR if there is a predicate scheduled offence.
02:45In this case, the special judge has said that there is no predicate FIR.
02:49If there was no predicate FIR, the ED had no authority or jurisdiction to register in ECIR
02:56and consequentially file a complaint.
02:58So, therefore, my first submission, the actions of the ED were sheer vendetta.
03:06This was nothing but a witch hunt to harass the Congress leadership, point number one.
03:11Point number two, much is said about this EOWFIR.
03:15This belated EOWFIR after 10 years, after we put forth before the special court
03:21that the ED in the first place does not have jurisdiction, is again an act of vendetta.
03:27And the Congress party at an appropriate time and stage will exercise its legal remedies.
03:32Number three, which is the political point.
03:34I think the BJP and more importantly, the Prime Minister and the Home Minister must understand
03:39that this politics of vendetta will take them nowhere.
03:42We are extremely grateful to the court.
03:45It is a vindication.
03:47It is a vindication that a witch hunt was launched against the Congress leadership.
03:51And we have emerged victorious.
03:54We have emerged victorious because the court in the very first place said,
03:58let alone going into the merits of the allegations, the court said that...
04:01Let me also bring you Sanjay Hegre because he understands the legalese perhaps better than most on this panel.
04:09So, Sanjay Hegre, you know, let's understand it from the legal point of view.
04:13Is this interim relief as the BJP says?
04:18Or should it be seen as, you know, the court also sending a message to investigating agencies
04:26that there is a great degree of bias in which the investigations have been conducted so far?
04:31And my third question also to you, sir, would be that does it set a precedent?
04:37Well, it set a precedent in as much as the court has basically ruled.
04:45The ED cannot proceed in the absence of a predicate offence.
04:49Just let me explain it to you.
04:52If you have committed a crime and then you have the proceeds of crime which you have laundered,
04:58that is when the ED comes in, in a money laundering case.
05:03There has to be the underlying crime.
05:06Now, is there an underlying crime?
05:08What do you base it on?
05:10On the fact that Mr. Subramaniam Swami has made a complaint.
05:14That, I can make a complaint against you.
05:17Does that make it a crime?
05:19Then a court would have to finally rule upon the complaint
05:23before the ED could then proceed.
05:27That has not happened.
05:28The ED, there is now an EOW, second FIR, which Adil spoke about.
05:34On that FIR, there may be other proceedings.
05:37There might be an investigation which is going on.
05:40So, the court says I will not get into it now.
05:43Now, for the moment, you do not have an underlying predicate offence.
05:47Therefore, you have no ED case.
05:50Therefore, I am not taking cognizance of your ED complaint.
05:54That's precisely where the situation stands.
05:58If there is no foundation, you cannot build the superstructure of an ED case.
06:03So, then in that case, Neerja Chowdhury,
06:10is the Congress then right to claim vindication?
06:14You know, it was, National Herald case has always been seen
06:17as like an albatross around the Congress leadership.
06:22With this kind of relief coming in from a Delhi court,
06:26how does it really play out in terms of narrative?
06:30I think that's where the story lies.
06:36Who will be able to build the narrative in their favor?
06:39Clearly, the BJP is on the defensive on this one.
06:43And as I think it was Abhishek Manu Singhvi who pointed out that
06:47taking cognizance of a matter is a very basic level at which everything starts.
06:54So, if the court hasn't taken cognizance of it,
06:57then it's a weak case is the argument he was making.
07:01Now, this does not mean that the court has given them a clean sheet.
07:06There it's absolutely right.
07:08Will the ED continue with the investigation,
07:11with other aspects of the investigation and the case continue?
07:15Obviously, they will continue.
07:17And if it is a technicality, then the technicality will be corrected.
07:21And so, all that we need to do.
07:24But the more important question is that the Gandhi family, Rahul Gandhi and Sonia Gandhi,
07:30have got relief from the court in the National Herald case,
07:33where they were charged of money laundering, a very serious offense.
07:38And that is the narrative.
07:40That is the political benefit.
07:42It's good news for the Congress Party and the Gandhi family
07:45after a very, very long time.
07:49Now, much will depend on how they use this to put the BJP on the dock,
07:54on the, I won't say misuse because we don't know that,
07:57but certainly the selective use of the agencies
08:01against those who are opposed to the ruling dispensation.
08:05That we've seen over the years.
08:07Okay.
08:07And that people have noted also.
08:09So, how does the Congress now build on that narrative?
08:15You know, the fact is that the case has been ongoing for years.
08:19Adil, that is the question to you.
08:21Then how is the Congress really viewing this
08:24from the point of going beyond political optics?
08:28Maria, I need to first dispel a misconception
08:32which Honourable Neerja Ji had alluded to.
08:36The courts don't give clean chits.
08:38The court either takes cognizance in issue summons
08:42or the court rejects taking cognizance.
08:45Rejection of taking cognizance means
08:47that the prosecution has not even been able to surpass
08:51or meet the first threshold of a prima facie case.
08:55In other words, if a court of law rejects cognizance,
08:59the court is essentially saying
09:01you do not even meet the first parameter of a prima facie case.
09:06This is point number one.
09:07Point number two,
09:09let me take a deep dive into the merits of the allegations.
09:12Young Indian, and this is very important
09:14for the benefit of your viewpoints,
09:16Young Indian is a Section 25 company.
09:20What is a Section 25 company?
09:22A Section 25 company means
09:24that no shareholder can receive
09:27any remuneration for dividend.
09:29In other words, if Maria, Shaquille, and Adil Boparai
09:33tomorrow become a director or a shareholder
09:36of a Section 25 company,
09:38Maria, you and I will not get a single penny
09:41because it is for a not-for-profit purpose.
09:45Number two, number three,
09:48finally the BJP's witch hunt has come to an end.
09:51Of course, we are certain the BJP is driven
09:53by this politics of vendetta
09:55that they will not stop.
09:57But today we are grateful,
09:59truth has prevailed,
10:00and this is actually a slap on the face
10:02of all those who propound the politics of vendetta
10:05in this country.
10:08Okay, so then in that case,
10:10does the BJP see this
10:12as some kind of temporary setback
10:15because this narrative of corruption
10:17against the top leadership of the Congress
10:20has been something that you have been using
10:23relentlessly for all these years,
10:27RPC.
10:30Maria, where has the court told us
10:33or told the government
10:34or told the ED agency
10:36or told any other agency
10:37to stop investigation?
10:39Nowhere.
10:40The investigation is still on.
10:43So, I don't understand.
10:45What are they jumping on?
10:47And why is Neerja supporting them?
10:49The fact is that
10:50how can you own a company?
10:53The man was saying that,
10:54Azhar Bhopalai,
10:55very senior lawyer also,
10:56was saying that
10:57the company is a non-profitable company
11:00or probably will not make any money,
11:02money will go to any owners.
11:06RPC, there is a problem with your audio.
11:07You'll have to fix that
11:08because I think there is a call that is coming.
11:10So, please disconnect that
11:12and continue with your answer.
11:13Maria, can you hear me now?
11:20Okay.
11:22Yes, please.
11:23This is better.
11:30Okay.
11:30How can you own a company?
11:31Okay, Sanjay Hegde.
11:32Sanjay Hegde.
11:35Sanjay Hegde, many would say
11:36that the process in itself
11:38is a punishment in ED cases.
11:40Absolutely.
11:43Because the process also means
11:45that if the ED were to pick you up
11:46and put you in jail,
11:48then it would be very difficult
11:50for any court to grant you bail
11:52because the twin conditions
11:53would have to be met.
11:55Therefore, the threat
11:56of an ED raid and an arrest
11:58always is a very huge swore.
12:00You have had several politicians
12:02in several other parties saying,
12:04oh, we have to go over to the other side
12:07because otherwise the ED will raid us
12:09and we cannot sleep.
12:11So, today, as of today,
12:14the threat of ED action
12:16in the National Herald case
12:17no longer exists
12:19for the moment.
12:21Yes, Mr. R.P. Singh is right.
12:24Investigations will go on
12:25if in the predicate case,
12:28which is in the underlying case,
12:30then there happens to be a charge sheet
12:33or it gets to the charge sheet stage,
12:37maybe the ED can then file a fresh complaint.
12:39That's a different thing.
12:41But that's much in the future.
12:42For the moment,
12:43the ED has been defanged in this case.
12:48Okay.
12:49So, ED has been defanged,
12:50but the charge
12:51which has been placed against,
12:54yes, sir,
12:55yes,
12:55the charge against the BJP
12:58has been of misuse
13:00of government agencies,
13:02almost using it
13:03against your opposition parties.
13:05For so many years
13:07that you have been in power
13:08under Prime Minister Modi,
13:10that is one charge
13:10which has been repeatedly
13:11used against you,
13:14R.P. Singh.
13:15But with this kind of relief
13:17coming in for the Gandhis,
13:20doesn't it also mean
13:22that this bogey of corruption
13:24which was raised repeatedly
13:26doesn't really hold anymore?
13:28Maria,
13:33first,
13:33let's understand,
13:34this case started
13:34way back in January 2013
13:36when UPA,
13:38Mrs. Gandhi,
13:38was running the regime.
13:40One.
13:41Secondly,
13:42again,
13:42Mr. Hattie also said
13:43that case is not over,
13:44the investigation is not over.
13:47Thirdly,
13:48can you tell me
13:48one instance
13:49where without spending
13:50a penny from your pocket
13:51you own a company
13:52of 2,000 crore rupees
13:53although
13:53it might be
13:54a non-profitable company
13:55but still
13:56the owners of that company
13:58are Sonia Gandhi
13:59and Rahul Gandhi
13:59and how did that money
14:01came in
14:01that one crore rupees
14:02was rooted
14:03through from some company
14:04named Dotex
14:04in Calcutta
14:06and re-rooted
14:07to Young India
14:09and Young India
14:10out of that
14:11one crore rupees
14:12gave 50 lakh rupees
14:13to own
14:14asset worth
14:142,000 crore rupees
14:16and also
14:17if there were
14:18an asset worth
14:182,000 crore rupees
14:19and the loan
14:21worth something
14:22like 90 crore rupees
14:23they could have
14:24solely loaned
14:25the asset
14:26of 90 crore rupees
14:27and still made
14:271,900 crore rupees
14:29for that company
14:30this is all
14:32we all know
14:32this is all
14:33a fraud being played
14:34it's a matter of time
14:35it is ultimately
14:41the investigation
14:43which will lead
14:43to this
14:45and there is
14:47a good case
14:48in this
14:48but the point
14:49that has been made
14:49by the lawyer
14:50on this show
14:51Sanjay Hegde
14:52you are saying
14:53that it's a matter
14:54of time
14:54alright
14:55all that is fine
14:56but what has been
14:58said by Sanjay Hegde
14:59becomes important
15:00that the entire
15:01ED case
15:02has been perhaps
15:03defanged
15:03before I give in
15:05the last word
15:05to Neerja Chaudhary
15:07on the show tonight
15:08Adil please go ahead
15:0930 seconds to you
15:10Madhya
15:12this is a testament
15:13to BJP's
15:14vendetta politics
15:15of course
15:16they went after
15:17our leadership
15:18but the BJP
15:19misused agencies
15:20not just against
15:21the Congress
15:22but against
15:22every opposition
15:23political party
15:24they use the pressure
15:26they use this
15:27as a sword
15:27to either
15:28poach MLAs
15:29to destabilize governments
15:31to get people
15:32on their side
15:33or at times
15:34even to pressurize
15:35business people
15:36so that they can
15:38perhaps
15:38hold parlays
15:39with the Ambani's
15:40there are instances
15:41with relation to that
15:42also
15:43but today
15:44this is historic
15:45because
15:46a special court
15:48a court of law
15:49a competent court
15:50of jurisdiction
15:51has rejected
15:52the ED complaint
15:54on the ground
15:55that it does not
15:56even meet
15:57the prima facie test
15:59I think the BJP
16:01has a lot of
16:01soul searching
16:02to do
16:02and they should
16:03stop this politics
16:04of vendetta
16:04forthwith
16:05okay
16:08what does
16:10it do
16:10to the public
16:11perception
16:12and
16:13almost
16:14yes
16:1630 seconds
16:16and then
16:17Nirja
16:18go ahead
16:19R.P. Singh
16:20well
16:21I have
16:22simple
16:23simply
16:24one thing
16:24to say
16:24please tell us
16:26is the case
16:27being
16:28coerced
16:29by the court
16:30or not
16:30if not
16:31then the case
16:32is still on
16:33and there is no
16:34vendetta in this
16:34in fact as I told you
16:36please tell me
16:37one person
16:38who can own
16:39a company
16:40worth 2,000 crore
16:40without spending
16:41a penny
16:42from their pocket
16:42and thank you
16:43for acknowledging
16:44the courts today
16:45because this party
16:46has been
16:46this party
16:48has been
16:49showing
16:50the court
16:51saying that
16:51in the public court
16:54what does it do
16:56now
16:56to the perception
16:58around the Gandhis
16:59Nirja
17:00I think
17:02you may be right
17:03you see
17:03the word
17:04you used
17:05the case
17:07has been
17:07ED case
17:08has been
17:08defamed
17:09diluted
17:10even though
17:10it will continue
17:11but political level
17:14you know
17:14the question mark
17:15in people's mind
17:16about National Herald
17:18kia ghapla hua
17:19ismeh
17:20now will get
17:21diluted also
17:22the perception
17:23will be that
17:24the court
17:25has found
17:26no cognizance
17:27and that does
17:28make a difference
17:29but as I said
17:30earlier
17:30much will depend
17:31on how
17:32the Congress
17:33Party
17:33shapes this
17:34narrative
17:35okay
17:38what it does
17:39what does
17:40the Congress
17:41Party do
17:41from here
17:42onwards
17:42becomes
17:43important
17:43now
17:44although
17:44they have
17:45taken to
17:45the streets
17:46just as
17:46there were
17:47protests
17:47inside
17:48Sonsad
17:49as well
17:49because
17:50the winter
17:51session of
17:51Parliament
17:51is on
17:52Adil Singh
17:53Boparai
17:54R.P. Singh
17:55Nija Chaudhary
17:56and Sanjay
17:57Hegri
17:57really appreciate
17:58your time
17:58thank you
17:59for joining
17:59us on this
18:00edition
18:00of NewsTrack
18:01thanks so much
18:02for watching
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