The Delhi High Court has issued notices to Congress leaders Sonia Gandhi and Rahul Gandhi, seeking their response to an Enforcement Directorate (ED) plea challenging a trial court's refusal to take cognisance of the agency's chargesheet in the long-running National Herald money laundering case. Justice Ravinder Dudeja directed the Gandhis and other accused to file replies to both the main petition and the ED's application for a stay on the trial court's December 16 order. The matter has been scheduled for further hearing on March 12, 2026. Solicitor General Tushar Mehta appeared for the ED, while senior advocates Abhishek Singhvi and R. S. Cheema represented the Congress leaders.
The trial court had ruled that cognisance of the ED's prosecution complaint was "impermissible in law" because it was not based on a registered FIR for the underlying scheduled offence under the Prevention of Money Laundering Act (PMLA). It noted that the probe originated from a private complaint filed by BJP leader Subramanian Swamy in 2014, rather than an FIR, and even after a summoning order, the CBI did not register one. The court held that investigations and complaints for money laundering offences are not maintainable without an FIR for the predicate offence, rendering further adjudication on merits unnecessary.
The ED accuses Sonia Gandhi, Rahul Gandhi, late Congress leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda, and Young Indian Private Limited of criminal conspiracy and money laundering. The agency alleges that the accused fraudulently acquired properties worth around Rs 2,000 crore belonging to Associated Journals Limited (AJL), publisher of the National Herald newspaper. Young Indian, in which the Gandhis reportedly held 76 per cent of the shares, is said to have taken over AJL's assets in exchange for extinguishing a Rs 90 crore loan.
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This development marks the latest chapter in a case that has been politically charged since its inception over a decade ago. The ED's appeal argues against the trial court's interpretation of PMLA requirements, seeking to revive proceedings that could lead to formal charges. The high court's intervention highlights ongoing legal debates over the scope of money laundering probes initiated without traditional police FIRs.
As the case progresses, it continues to draw attention amid broader discussions on the use of central agencies in political disputes. Both sides have vigorously contested the allegations, with the Congress maintaining that the matter involves no financial loss to any party. The outcome of the ED's challenge could significantly impact the trajectory of this high-profile investigation involving prominent opposition figures.
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