- 7 weeks ago
On this episode of NewsTrack, Maria Shakeel discusses the major relief granted to Sonia and Rahul Gandhi in the National Herald case. A Delhi court refused to take cognizance of the Enforcement Directorate's (ED) charge sheet, ruling that the money laundering probe is not maintainable without a predicate FIR. Congress spokesperson Adil Singh Boparai calls the verdict a vindication against 'vendetta politics,' stating, 'The complaint has been dismissed... An ED complaint is akin to a charge sheet.' Conversely, BJP's RP Singh insists it is merely 'technical' relief and that 'the case is still on.' The panel, including Senior Advocate Sanjay Hegde and journalist Neerja Chowdhury, debates whether this development defangs the ED's case or if the investigation will continue under a new FIR.
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NewsTranscript
00:00Hello everyone, you're watching NewsTrack with me, Maria Shaquille.
00:04The spotlight is once again on the National Herald case.
00:08A story which has created many firestorms in the past.
00:13The political firestorm in that case is back after the relief for the Gandhis.
00:19What we are seeing is play out a battle on the streets and also inside sunset.
00:25With the Congress accusing Prime Minister Narendra Modi and the BJP of waging a decade-long political vendetta
00:33and weaponizing various investigative agencies to target the Gandhis.
00:38The BJP on the other hand has refused to back down.
00:42What they are saying is that this is just a temporary relief
00:46and that the real truth of the larger corruption by the Congress leadership will be exposed soon.
00:54So the questions that we ask on the show tonight.
00:57First, is the National Herald case a fight for justice or a tool of political vendetta as the Congress claims?
01:05Second, is the relief granted to the Gandhis merely temporary as the BJP insists?
01:13I'll ask all these questions to the panelists who will be joining me shortly.
01:18But first up, here's what happened today.
01:24After a long legal battle, the relief for the Gandhis in the National Herald case has sparked a fresh political storm.
01:34The Congress is now up the ante against the Narendra Modi government alleging a decade-long vendetta.
01:40Congress MP staged a protest at Parliament's iconic Makar Dwar,
02:08waving Satya Mev Jayate plakards and demanding justice.
02:12Jaiete! Jaiete!
02:14After the Delhi court refused to take a congressman of the ED-Charshiiti National Herald case,
02:19today the Congress MPs along with a few other MPs of India block are right now protesting right in front of Makar Dwar.
02:27Right behind me you can see as to how the MPs are now protesting and KC Vinokopal is reading that entire protest,
02:34the posters which the Congress MPs are holding reads Satya Mev Jayate, truths prevail.
02:40The protest was not just limited to Delhi.
02:43In Karnataka, Congress leaders gathered near the Gandhi statue at a Suvarna Sauda in Baila Gavi,
02:49condemning the central government's political vendetta over the National Herald case.
02:53BJP, they wanted to keep us busy, they wanted to file fall cases, money laundering cases,
03:01what money laundering, whether they have found cash, there is no money laundering.
03:06Today a justice has been prevailed.
03:09The Congress claims that allegations of money laundering and illegal property transfer were baseless.
03:14The BJP, however, termed the court order dismissing the ED charge sheet to be a temporary relief,
03:41insisting that the final verdict will go against the Gandhis.
03:46This is temporary, they will feel their needs to be a temporary relief.
03:50But when the final decision comes, the leaders of Congress, who have been forced to be a final decision,
03:57they will not have to be able to get their final decision.
03:59With the court verdict delivering the Gandhis temporary relief,
04:03the political battle lines are drawn sharper than ever.
04:05Protests, claims and counterclaims continue,
04:09keeping the National Herald saga at the centre of India's political storm.
04:14With Piyush Mishra in Delhi, Bureau Report, India Today.
04:17And let me bring in the guests who are joining us now.
04:21Sanjay Hager, Senior Advocate of the Supreme Court joins us.
04:25We have Neerja Chaudhary, Senior Journalist and Political Analyst,
04:28and two politicians, Adil Singh Bhopurai and R.P. Singh.
04:33Let's first put this in context in terms of the political fight which is playing out.
04:39R.P. Singh, starting with you.
04:40The Congress says that the senior leadership of the BJP and the government must apologise
04:46for what has been a persistent and a consistent political vendetta
04:53and misuse of agencies which has been done against Sonia and Rahul Gandhi.
05:04Maria, first, let's understand the background of the case.
05:06The case started on a private complaint launched in January 2013
05:11by Mr. Subramaniam Swamy in the court,
05:14not by the police or not by the ED or not by any other agency of the government.
05:20And the case was proceeding in the court.
05:22And what did the court say recently about the relief they got?
05:28The court said that the case is not a political vendetta
05:32because if it was so, then the court could have quashed it like Bhajan Lal judgment case.
05:37It never quashed the case.
05:39Only thing is, there's a technical thing which has happened.
05:42It's a procedural technical thing.
05:44The case is still on.
05:46This is one PMLA case.
05:48There's other case which is of the cheating under 420
05:51and other acts of the Constitution.
05:54The case is still on and that also.
05:55The plea is not maintainable.
05:59Isn't that enough vindication of what the Congress has been saying?
06:03That the plea is not maintainable is what the court has said.
06:08Isn't that what the Congress says?
06:10Maria, in that case,
06:12okay, Maria, in that case,
06:14the court should have quashed the case.
06:16They should have said,
06:17they should have thrown the case in the dustbin and said,
06:18no, we shouldn't have proceeded to the case.
06:20The court didn't say so.
06:22They are still out on bail.
06:23Well, what is plea is not maintainable
06:26because it has not been done.
06:28This is essentially a temporary or an interim relief.
06:31Okay.
06:31So it's a technical issue, Adil Singh Bhopurai.
06:34Not much of a relief.
06:35Or should I say interim relief only?
06:38Maria, I have great respect for R.P. Singh Ji,
06:40but I pity him today
06:41because he's defending the indefensible.
06:44The complaint has been dismissed.
06:46I repeat, the complaint has been dismissed.
06:50An ED complaint is akin to a charge sheet
06:52which has been dismissed by a competent court.
06:55Now, please understand how the PMLA functions.
06:58The PMLA functions,
06:59the ED can register in ECIR
07:01if there is a predicate scheduled offence.
07:04In this case,
07:05the special judge has said
07:06that there is no predicate FIR.
07:08If there was no predicate FIR,
07:11the ED had no authority or jurisdiction
07:13to register in ECIR
07:15and consequentially file a complaint.
07:17So, therefore,
07:19my first submission,
07:20the actions of the ED
07:22were sheer vendetta.
07:25This was nothing but a witch hunt
07:27to harass the Congress leadership.
07:29Point number one.
07:30Point number two,
07:31much is said about this EOW FIR.
07:34This belated EOW FIR
07:36after 10 years,
07:38after we put forth before the special court
07:40that the ED in the first place
07:42does not have jurisdiction,
07:43is again an act of vendetta.
07:46And the Congress party
07:47at an appropriate time and stage
07:48will exercise its legal remedies.
07:50Number three,
07:51which is the political point.
07:53I think the BJP
07:54and more importantly,
07:55the Prime Minister
07:56and the Home Minister
07:57must understand
07:58that this politics of vendetta
08:00will take them nowhere.
08:02We are extremely grateful to the court.
08:04It is a vindication.
08:06It is a vindication
08:07that a witch hunt
08:08was launched
08:08against the Congress leadership
08:10and we have emerged victorious.
08:13We have emerged victorious
08:14because the court
08:15in the very first place said,
08:17let alone going into
08:18the merits of the allegations,
08:19the court said that...
08:21Let me also bring you
08:22Sanjay Hegre
08:22because he understands
08:24the legalese
08:25perhaps better than most
08:27on this panel.
08:28So Sanjay Hegre,
08:29you know,
08:30let's understand it
08:31from the legal point of view.
08:32Is this interim relief
08:34as the BJP says
08:36or should it be seen
08:38as, you know,
08:40the court
08:41also sending a message
08:43to investigating agencies
08:45that there is
08:46a great degree of bias
08:47in which the investigations
08:48have been conducted so far?
08:50And my third question
08:51also to you, sir,
08:52would be
08:52that does it set a precedent?
08:56Well,
08:57it set a precedent
08:59in as much as
09:00the court
09:01has basically ruled
09:03the ED cannot proceed
09:05in the absence
09:06of a predicate offence.
09:08Just let me
09:09explain it to you.
09:11If you have committed
09:12a crime
09:13and then
09:14you have the proceeds
09:15of crime
09:16which you have laundered,
09:18that is when the ED
09:19comes in
09:20in a money laundering case.
09:22There has to be
09:23the underlying crime.
09:24Now,
09:25is there an underlying crime?
09:27What do you base it on?
09:29On the fact that
09:30Mr. Subramaniam Swami
09:31has made a complaint.
09:33That,
09:34I can make a complaint
09:36against you.
09:36Does that make it a crime?
09:38Then a court
09:39would have to finally
09:40rule upon the complaint
09:42before the ED
09:44could then proceed.
09:45That has not happened.
09:47The ED,
09:49there is now
09:50an EOW second FIR
09:51which Adil spoke about.
09:53On that FIR
09:54there may be
09:55other proceedings,
09:56there might be
09:57an investigation
09:58which is going on.
09:59So the court says
10:00I will not get into it now.
10:02for the moment
10:03you do not have
10:04an underlying
10:05predicate offence.
10:06Therefore,
10:07you have no ED case.
10:09Therefore,
10:09I am not taking
10:10cognizance
10:11of your ED complaint.
10:13That's precisely
10:14where the situation
10:16stands.
10:17If there is no foundation,
10:19you cannot build
10:20the superstructure
10:21of an ED case.
10:22Okay.
10:26Okay.
10:26So then in that case,
10:27Neerja Chaudhary,
10:28is the Congress
10:30then right
10:30to claim vindication?
10:32You know,
10:33it was,
10:33National Herald case
10:34has always been seen
10:36as like an albatross
10:37around the Congress
10:39leadership.
10:40With this kind of
10:42relief coming in
10:43from a Delhi court,
10:45how does it
10:46really play out
10:48in terms of narrative?
10:49I think that's
10:52where the story lies.
10:55Who will be able
10:56to build the narrative
10:57in their favor?
10:58Clearly,
10:59the BJP is on the
11:00defensive on this one.
11:02And as,
11:03I think it was
11:03Abhishek Manu Singhvi
11:05who pointed out
11:06that taking
11:07cognizance of a matter
11:09is a very basic level
11:11at which everything
11:12starts.
11:13So if the court
11:14hasn't taken
11:14cognizance of it,
11:16then it's a weak case
11:18is the argument
11:19he was making.
11:20Now,
11:20this does not mean
11:21that the court
11:22has given them
11:23a clean sheet.
11:25There,
11:25it's absolutely right.
11:27Will the ED
11:28continue with the
11:29investigation,
11:30with other aspects
11:31of the investigation
11:32and the case continue?
11:34Obviously,
11:34they will continue.
11:36And if it is
11:36a technicality,
11:37then the technicality
11:39will be corrected.
11:40And so all
11:42that we need to do.
11:43But the more
11:44important question
11:45is that the Gandhi
11:47family, Rahul Gandhi
11:48and Sonia Gandhi
11:49have got relief
11:50from the court
11:51in the National Herald
11:52case where they
11:53were charged
11:54of money laundering,
11:55a very serious
11:56offence.
11:57And that is
11:58the narrative,
11:59that is the
12:00political benefit.
12:01It's good news
12:02for the Congress
12:03Party and the Gandhi
12:04family after a
12:05very, very long
12:06time.
12:07Now, much will
12:08depend on how
12:09they use this
12:10to put the
12:12BJP on the
12:13dock,
12:13I won't say
12:14misuse because
12:15we don't know
12:16that,
12:16but certainly
12:17the selective
12:18use of the
12:19agencies against
12:21those who are
12:22opposed to the
12:23ruling dispensation.
12:24That we've seen
12:25over the years.
12:26And that people
12:27have noted also.
12:28So how does
12:29the Congress
12:30now build on
12:31that narrative?
12:34You know,
12:35the fact is that
12:36the case has been
12:36ongoing for years.
12:38Adil, that is the
12:39question to you.
12:39Then how is the
12:41Congress really
12:42viewing this from
12:43the point of
12:44going beyond
12:45political optics?
12:47Maria, I need
12:48to first dispel
12:49a misconception
12:51which Honourable
12:53Neerja Ji had
12:54alluded to.
12:55The courts
12:56don't give
12:56clean chits.
12:58The court
12:58either takes
12:59cognizance in
13:00issue summons
13:01or the court
13:02rejects taking
13:03cognizance.
13:04Rejection of
13:05taking cognizance
13:06means that the
13:07prosecution has
13:08not even been
13:09able to surpass
13:10or meet the
13:11first threshold
13:12of a prima
13:13fasciae case.
13:14In other words,
13:15if a court of
13:16law rejects
13:17cognizance,
13:18the court is
13:19essentially saying
13:20you do not
13:21even meet the
13:22first parameter
13:23of a prima
13:23fasciae case.
13:25This is point
13:25number one.
13:26Point number two,
13:27let me take a deep
13:29dive into the
13:29merits of the
13:30allegations.
13:31Young Indian,
13:32and this is very
13:33important for the
13:34benefit of your
13:34viewpoints.
13:35Young Indian is a
13:37Section 25 company.
13:39What is a Section 25
13:40company?
13:41A Section 25 company
13:43means that no
13:44shareholder can
13:45receive any
13:46remuneration for
13:48dividend.
13:49In other words,
13:50if Maria,
13:51Shaquille,
13:51and Adal Bhoparai
13:52tomorrow become a
13:53director or a
13:54shareholder of a
13:55Section 25 company,
13:57Maria, you and I
13:58will not get a
13:59single penny because
14:00it is for a not
14:02for profit purpose.
14:04Number two,
14:05number three,
14:06finally the BJP's
14:08witch hunt has
14:08come to an end.
14:10Of course, we are
14:11certain the BJP is
14:12driven by this
14:13politics of
14:13vendetta that they
14:14will not stop.
14:16But today we are
14:17grateful, truth has
14:18prevailed, and this
14:19is actually a slap
14:21on the face of all
14:22those who propound
14:23the politics of
14:24vendetta in this
14:25country.
14:27Okay, so then in
14:28that case, does
14:29the BJP see this
14:31as some kind of
14:33temporary setback
14:34because this
14:35narrative of
14:35corruption against
14:36the top leadership
14:38of the Congress
14:39has been something
14:40that you have
14:40been using
14:42relentlessly for
14:44all these years?
14:46RPC.
14:48Maria, where has
14:50court told us
14:52or told the
14:53government or
14:53told the
14:54ED agency or
14:55told any
14:55agency to stop
14:56investigation?
14:58Nowhere, the
14:59investigation is
15:00still on.
15:02So, I don't
15:03understand what
15:04are they jumping
15:05on and why is
15:07NIRJA supporting
15:08them?
15:08Fact is that how
15:10can you own a
15:11company?
15:12The man was
15:12saying that,
15:12Adil Bhopalai,
15:14very senior lawyer
15:15also, was saying
15:15that the companies
15:17are non-profitable
15:18companies or
15:19probably will not
15:20make any money,
15:21money will go to
15:22any owners.
15:22are they saying
15:25there is a
15:25problem with
15:26your audio,
15:26you will have
15:27to fix that
15:27because I think
15:28there is a call
15:29that is coming
15:29so please
15:30disconnect that
15:30and continue
15:31with your answer.
15:37Maria, can you
15:38hear me now?
15:39Okay.
15:41Yes, please,
15:42this is better.
15:42Okay, Sanjay
15:50Higre, many
15:55would say that
15:56the process in
15:56itself is a
15:57punishment in ED
15:58cases.
16:00Absolutely.
16:02Because the
16:02process also means
16:03that if the ED
16:04were to pick you
16:05up and put you
16:06in jail, then it
16:08would be very
16:08difficult for any
16:10court to grant
16:10you bail because
16:11the twin conditions
16:12would have to
16:13be met.
16:14Therefore, the
16:15threat of an ED
16:16raid and an
16:16arrest always is
16:18a very huge
16:19swore.
16:19You have had
16:20several politicians
16:21in several other
16:23parties saying,
16:24oh, we have to
16:25go over to the
16:26other side because
16:26otherwise the ED
16:27will raid us and
16:28we cannot sleep.
16:30So today, as of
16:32today, the threat
16:33of ED action in
16:35the National
16:35Herald case no
16:37longer exists for
16:39the moment.
16:40Yes, Mr.
16:40Mr.
16:41R.P.
16:42Singh is right.
16:43Investigations will
16:44go on if in the
16:45predicate case, which
16:47is if in the
16:48underlying case, then
16:50there happens to be a
16:52charge sheet or it
16:53gets to the charge
16:54sheet stage, maybe the
16:56ED can then file a
16:57fresh complaint.
16:58That's a different
16:59thing.
17:00But that's much in the
17:00future.
17:01For the moment, the
17:02ED has been defanged
17:03in this case.
17:04Okay, so ED has
17:08been defanged, but
17:09the charge which
17:10has been placed
17:12against, yes, sir,
17:13yes, the charge
17:15against the BJP has
17:18been of misuse of
17:19government agencies,
17:21almost using it
17:22against your
17:23opposition parties.
17:24For so many years
17:25that you have been
17:26in power under
17:27Prime Minister Modi,
17:28that is one charge
17:29which has been
17:30repeatedly used
17:31against you, R.P.
17:33saying, but with
17:35this kind of relief
17:36coming in for the
17:37Gandhis, doesn't it
17:40also mean that this
17:41boogie of corruption
17:43which was raised
17:44repeatedly doesn't
17:46really hold anymore?
17:51Maria, first, let's
17:52understand, this case
17:53started way back in
17:54January 2013 when
17:55UPA, Mrs. Gandhi,
17:57was running the
17:58regime.
17:59One.
18:00Secondly, again,
18:01Mr. Hattie also
18:02said that the case is
18:03not over, the
18:03investigation is not
18:04over.
18:06Thirdly, can you
18:07tell me one instance
18:08where without spending
18:09a penny from your
18:10pocket you own a
18:11company of 2,000
18:11crore rupees, although
18:12it might be a
18:13non-profitable
18:14company, but still
18:15the owners of that
18:16company are Sonia
18:17Gandhi and Rahul
18:18Gandhi.
18:18And how did that
18:19money came in that
18:20one crore rupees
18:21was rooted through
18:22from some company
18:22named Dotex in
18:23Calcutta and
18:25re-rooted to
18:27Young India and
18:29Young India out of
18:30that one crore
18:30rupees gave 50
18:32lakh rupees to own
18:33asset worth
18:3320,000, 2,000 crore
18:35rupees.
18:36And also, if there
18:37were an asset worth
18:372,000 crore rupees
18:38and the loan worth
18:41something like 90
18:41crore rupees, they
18:43could have solely
18:44loaned the asset of
18:4590 crore rupees and
18:46still made 1,900
18:48crore rupees for
18:48that company.
18:50This is all, we all
18:51know this is all a
18:52fraud being played.
18:53It's a matter of
18:54time.
18:54It is ultimately the
19:00investigation which
19:02will lead to this and
19:05there is a good case
19:07in this.
19:07point that has been made
19:08by the lawyer on this
19:09show, Sanjay Hegde.
19:11You are saying that
19:12it's a matter of time.
19:13All right.
19:14All right.
19:14All that is fine.
19:16But what has been said
19:17by Sanjay Hegde becomes
19:18important that the
19:20entire ED case has
19:21been perhaps defanged.
19:23Before I give in the
19:24last word to Neerja
19:25Chaudhary on the show
19:26tonight, Adil, please
19:27go ahead.
19:2830 seconds to you.
19:31Marja, this is a
19:32testament to BJP's
19:33vendetta politics.
19:34Of course, they went
19:36after our leadership.
19:37But the BJP misused
19:39agencies not just
19:40against the Congress
19:41but against every
19:42opposition political
19:43party.
19:44They use the pressure,
19:45they use this as a
19:46sword to either poach
19:48MLAs, to destabilize
19:49governments, to get
19:50people on their side
19:52or at times even to
19:53pressurize business
19:55people so that they
19:56can perhaps hold
19:58parlays with the
19:58Ambani's and the
19:59Adani's.
20:00There are instances
20:00with relation to that
20:01also.
20:02But today, this is
20:03historic.
20:04because a special
20:06court, a court of law,
20:08a competent court of
20:09jurisdiction has
20:10rejected the ED
20:12complaint on the
20:14ground that it does
20:15not even meet the
20:16prima facie test.
20:19I think the BJP has
20:20a lot of soul
20:20searching to do and
20:21they should stop this
20:22politics of vendetta
20:23forthwith.
20:27Okay.
20:28What does it do to
20:29the public's perception?
20:31Point, please.
20:31And almost.
20:34Yes, 30 seconds and
20:36then Neerja.
20:38Go ahead, R.P.
20:39Singh.
20:40Well, I have simple
20:41one thing, simply one
20:43thing to say.
20:44Please tell us, is the
20:45case being coerced by the
20:48court or not?
20:49If not, then the case is
20:51still on.
20:52And there is no
20:53vendetta in this.
20:53In fact, as I told you,
20:55please tell me one
20:56person who can own a
20:58company worth 2,000
20:59crore rupees without
21:00spending a penny from
21:01their pocket.
21:01And thank you for
21:02acknowledging the
21:03courts today.
21:04Because this party has
21:05been, this party has
21:07been showing the
21:09court.
21:09In the public court, what
21:14does it do now to the
21:16perception around the
21:18Gandhis?
21:19Neerja.
21:20I think you may be
21:22right.
21:22You see the word you
21:23used, the case has been,
21:26ED case has been
21:27defanged, diluted, even
21:29though it will continue.
21:31But political level, you
21:33know, the question mark in
21:34people's mind about
21:36National Herald, kya
21:37ghapla huwa ismeh, now
21:39will get diluted also.
21:41The perception will be
21:43that the court has
21:44found no cognizance.
21:46And that does make a
21:47difference.
21:48But as I said earlier,
21:49much will depend on how
21:51the Congress Party
21:52shapes this narrative.
21:56Okay.
21:57What it does, what does
21:59the Congress Party do
22:00from here onwards becomes
22:01important now.
22:03Although they have taken
22:04to the streets, just as
22:05there were protests
22:06inside Sonsad as well
22:08because the winter
22:09session of Parliament
22:10is on.
22:12Adil Singh Boparai,
22:13R.P. Singh, Neerja
22:15Chaudhary and Sanjay
22:16Hager, really appreciate
22:17your time.
22:17Thank you for joining us
22:18on this edition of
22:20NewsTrack.
22:20Thanks so much for
22:21watching.
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