Right to be heard: Court notice to Sonia Gandhi, Rahul in National Herald case

Delhi's Rouse Avenue Court on Thursday issued a notice to former Congress Chairperson Sonia Gandhi, Rahul Gandhi, and other proposed accused to be heard on the question of cognisance of the chargesheet filed against them in the National Herald case.  (News Agency)- Delhi’s Rouse Avenue Court on Thursday issued a notice to former Congress Chairperson Sonia Gandhi, Rahul Gandhi, and other proposed accused to be heard on the question of cognisance of the chargesheet filed against them in the National Herald money laundering case.
The court held that the deficiencies in the chargesheet have been cured and the present issue is whether a notice under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) should be issued.
The judge said that Rahul Gandhi, Sonia Gandhi and others who have been named by the Enforcement Directorate (ED) in its chargesheet have a right to be heard at the time of cognisance. The case will be heard next on May 8.
The court noted that the case is at the stage of consideration. At this stage, the accused people have a special right to be heard before the court decides whether to formally take up the case against them. This right comes from a specific proviso of Section 223, which gives a unique (or sui generis) legal protection to the accused at this early point in the process.
It emphasized that this right is not inconsistent with the provisions of the Prevention of Money Laundering Act (PMLA) and should be read in favour of the accused.
The court added that the right to be heard at any stage of proceedings breathes life into the right to a fair trial, and that the Enforcement Directorate (ED) does not suffer any detriment if the accused are heard at this stage.
The Additional Solicitor General, representing the ED, submitted that the agency does not oppose the issuance of such a notice, supporting the principle of a fair trial.
NATIONAL HERALD MONEY LAUNDERING CASE
The ED has alleged that Sonia Gandhi and her son Rahul orchestrated a "criminal conspiracy" to "usurp" properties of National Herald's publisher, Associated Journals Ltd (AJL), worth Rs 2,000 crore, by transferring 99% of the shares for just Rs 50 lakh. The assets were acquired by a private firm, Young Indian, which is controlled by Sonia Gandhi and Rahul.
The ED has named Sonia Gandhi and her son Rahul, along with Congress leaders Sam Pitroda and Suman Dubey as accused in the National Herald money laundering case.