Did ED make this big mistake in Sonia-Rahul’s case? It did this first in Lalu-Kejriwal case
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The tension of Sonia Gandhi and Rahul Gandhi has increased in the National Herald case. Recently, ED filed a charge sheet against Rahul Gandhi and Sonia Gandhi. But it seems that ED has made a mistake. This can give former Congress chief and Leader of Opposition in Lok Sabha Rahul Gandhi a chance to defend himself. Yes, the Supreme Court had ordered ED to take permission before filing a charge sheet against public representatives. But ED has not done so. This is the mistake, which can reduce the tension of Rahul-Sonia Gandhi. ED i.e. Enforcement Directorate filed a charge sheet against Sonia Gandhi and Rahul Gandhi on 9 April in the money laundering case related to National Herald newspaper.
According to HT’s news, ED has filed a charge sheet against Sonia Gandhi and Rahul Gandhi without the permission of the Supreme Court because the alleged irregularities in the Associated Journals Limited and Young India case have nothing to do with their role as MPs. However, Congress sources say that not taking prior permission from the Supreme Court can be a big part of the legal defense of the Gandhi family.
What is the order of the Supreme Court
It is important to know here that in November 2024, the Supreme Court gave a verdict. In that verdict, the Supreme Court had said that Section 197 (1) of the Code of Criminal Procedure (CrPC) – under which the CBI is currently required to take prior approval – will also be applicable in Prevention of Money Laundering Act (PMLA) cases. Section 197 (1) of the CrPC has been replaced by Section 218 of the Code of Civil Protection (BNSS) and has similar provisions.
What did the ED say?
After the Supreme Court’s verdict, ED Director Rahul Naveen issued instructions to all units of the financial crime investigation agency to take mandatory approval without any prejudice against public servants before filing prosecution complaints (equivalent to ED chargesheets). This is the reason why ED has already taken approval in its investigation against Lalu Prasad Yadav (in the land for job case), Arvind Kejriwal and Manish Sisodia (Delhi liquor scam) and P Chidambaram (in the INX Media case).
Was there no need to take approval?
Now the question is that since Rahul Gandhi and Sonia Gandhi are MPs, did ED need to take approval from the Lok Sabha Speaker and Vice President before filing the chargesheet? ED sources say that the AJL case is related to their role as directors of Young India as private individuals. These allegations have nothing to do with their status as Members of Parliament. Therefore, there was no need for approval. The chargesheet has been filed in the court of Principal District and Sessions Judge (Prevention of Corruption Act) located at Rouse Avenue. After this, this judge sends the chargesheet to the concerned judge. The hearing of this case will be held on April 15.
