High-Stakes Legal Drama Unfolds in Gandhi Case

The Rouse Avenue court was the stage for intense legal debates on Tuesday as Additional Solicitor General (ASG) SV Raju presented rebuttal arguments regarding a prosecution complaint by the Enforcement Directorate (ED) targeting Congress leaders Sonia and Rahul Gandhi, among others. Raju accused the Gandhis of lacking transparency and using other shareholders as fronts.

Raju argued that while Sonia and Rahul Gandhi are currently not receiving dividends, they stand to gain once they exit. The Special Judge adjourned further arguments to July 12. Raju pointed out that the Companies Act permits 'not-for-profit' companies to engage in commercial activities, challenging the timing of their share acquisition.

Raju also highlighted the transfer of shares held by late Congress leaders Motilal Vohra and Oscar Fernandes, suggesting concealment of their true value. He accused AJL and AICC of a Rs 90 crore misappropriation, stressing the applicability of Section 411 of IPC concerning stolen property through criminal breach of trust.

In defense, Senior Advocate Pramod Kumar Dubey represented Dotex Merchandise Pvt Ltd, arguing against ED's classification of Dotex as a sham, emphasizing its legitimate registration with the Reserve Bank of India. Dubey denied allegations of criminal intent, insisting the loan was for Young Indian's operational needs and not part of any illicit scheme.

Highlighting the absence of a conspiracy, Dubey dismissed the applicability of the Supreme Court's conspiracy theory under PMLA. He contested ED's claims about the date discrepancies of a high-value cheque, asserting that all documentation was legitimate.

Advocate Soujanya Sankaran, representing Sunil Bhandari, challenged the court's jurisdiction, demanding ED establish foundational facts. She noted this case stemmed from Subramaniam Swamy's complaint, stressing no substantial basis to prosecute Bhandari, a director at Dotex.

(With inputs from agencies.)