The Enforcement Directorate on Wednesday alleged Sonia and Rahul Gandhi wanted to usurp the assets of Associated Journals Limited (AJL), a Rs 2,000 crore company, the publisher of National Herald newspaper.
Special judge Vishal Gogne was hearing the submissions on the point of cognisance in the National Herald case.
Additional solicitor general S V Raju said a conspiracy was hatched to form Young Indian Private Limited in which the Gandhis held 76 per cent shares to usurp the assets of AJL, which took a Rs 90 crore loan from the All India Congress Committee (AICC) despite having assets worth in crores.
Explaining the conspiracy, the ASG said, "AJL was not making profits but had assets worth Rs 2,000 crore. But they were finding it difficult to manage their daily affairs. If you are doing reasonably well, you cannot say, I am in loss, etc. You have to build a facade. Rs 90 crore loan was taken from the AlCC. They (AJL) said we cannot repay you (AICC). Ordinarily, any prudent person would have sold their assets. (Rs) 90 crore is child's play."
Raju further said, "The conspiracy was creation of Young Indian to usurp Rs 2,000 crore in exchange for a Rs 90 crore loan. Sonia and Rahul Gandhi wanted to take over this Rs 2,000 crore company."
Within six days of Rahul's appointment as the director of Young Indian, Raju said, it sent a representation to AJL to repay the loan or convert it into equity.
Judge Gogne posed a question to Raju about the possibility of the AICC writing off AJL's loan, similar to public sector banks.
The ASG said banks wrote off loans of defaulters in the absence of assets as collateral but in this case AJL had assets worth Rs 2,000 crore which they gave away for a loan of Rs 90 crore.
Raju alleged that the AICC distanced itself from a direct transaction to avoid "creating ripples" and instead created Young Indian.
The judge again asked Raju if it was peculiar for political parties to own a newspaper.
"Political parties acquire running newspapers and channels. The main question is how can they acquire an asset for peanuts," Raju said adding that AJL was acquired by Young Indian, in which 76 per cent shares were held by Sonia and Rahul Gandhi.
"Taking by the left hand and taking by the right hand. Buying and selling of shares. All bogus transactions." he added.
The hearing would continue on July 3.
On May 21, the ED alleged that the proceeds of crime in the case were obtained on "instructions of some senior party leaders" towards "protection, tickets to contest elections, and securing positions in the party".
The ED had filed its chargesheet against Congress leaders Sonia Gandhi, Rahul Gandhi and others under Sections 3 (money laundering) and 4 (punishment for money laundering) of the Prevention of Money Laundering Act (PMLA).
The ED accuses the Gandhis, late Congress leaders Motilal Vora and Oscar Fernandes aside from Suman Dubey, Sam Pitroda and a private company Young Indian of conspiracy and money laundering over the fraudulent takeover of properties valued over Rs 2,000 crore belonging to the AJL.
The chargesheet names the Gandhis, Dudey, Pitroda, Sunil Bhandari, Young Indian, and Dotex Merchandise Private Limited.
Special judge Vishal Gogne was hearing the submissions on the point of cognisance in the National Herald case.
Additional solicitor general S V Raju said a conspiracy was hatched to form Young Indian Private Limited in which the Gandhis held 76 per cent shares to usurp the assets of AJL, which took a Rs 90 crore loan from the All India Congress Committee (AICC) despite having assets worth in crores.
Explaining the conspiracy, the ASG said, "AJL was not making profits but had assets worth Rs 2,000 crore. But they were finding it difficult to manage their daily affairs. If you are doing reasonably well, you cannot say, I am in loss, etc. You have to build a facade. Rs 90 crore loan was taken from the AlCC. They (AJL) said we cannot repay you (AICC). Ordinarily, any prudent person would have sold their assets. (Rs) 90 crore is child's play."
Raju further said, "The conspiracy was creation of Young Indian to usurp Rs 2,000 crore in exchange for a Rs 90 crore loan. Sonia and Rahul Gandhi wanted to take over this Rs 2,000 crore company."
Within six days of Rahul's appointment as the director of Young Indian, Raju said, it sent a representation to AJL to repay the loan or convert it into equity.
Judge Gogne posed a question to Raju about the possibility of the AICC writing off AJL's loan, similar to public sector banks.
The ASG said banks wrote off loans of defaulters in the absence of assets as collateral but in this case AJL had assets worth Rs 2,000 crore which they gave away for a loan of Rs 90 crore.
Raju alleged that the AICC distanced itself from a direct transaction to avoid "creating ripples" and instead created Young Indian.
The judge again asked Raju if it was peculiar for political parties to own a newspaper.
"Political parties acquire running newspapers and channels. The main question is how can they acquire an asset for peanuts," Raju said adding that AJL was acquired by Young Indian, in which 76 per cent shares were held by Sonia and Rahul Gandhi.
"Taking by the left hand and taking by the right hand. Buying and selling of shares. All bogus transactions." he added.
The hearing would continue on July 3.
On May 21, the ED alleged that the proceeds of crime in the case were obtained on "instructions of some senior party leaders" towards "protection, tickets to contest elections, and securing positions in the party".
The ED had filed its chargesheet against Congress leaders Sonia Gandhi, Rahul Gandhi and others under Sections 3 (money laundering) and 4 (punishment for money laundering) of the Prevention of Money Laundering Act (PMLA).
The ED accuses the Gandhis, late Congress leaders Motilal Vora and Oscar Fernandes aside from Suman Dubey, Sam Pitroda and a private company Young Indian of conspiracy and money laundering over the fraudulent takeover of properties valued over Rs 2,000 crore belonging to the AJL.
The chargesheet names the Gandhis, Dudey, Pitroda, Sunil Bhandari, Young Indian, and Dotex Merchandise Private Limited.
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