New Delhi, Dec 22 (PTI) The Delhi High Court on Monday asked Congress leaders Sonia Gandhi, Rahul Gandhi and others to respond to a plea by the Enforcement Directorate (ED) challenging a trial court order that refused to take cognisance of its chargesheet against them in the National Herald case.
Justice Ravinder Dudeja issued notices to the Gandhis and others on both the main petition and the ED’s application seeking a stay on the December 16 trial court order. The lower court had ruled that cognisance of the agency’s complaint was “impermissible in law” as it was not based on a formal FIR. The High Court listed the matter for further hearing on March 12, 2026.
Solicitor General Tushar Mehta represented the ED, while senior advocates Abhishek Singhvi and R S Cheema appeared for the Gandhis.
The trial court observed that an investigation and the subsequent prosecution complaint for money laundering is “not maintainable” without an FIR for the offences listed under the Prevention of Money Laundering Act (PMLA). The court noted that the ED’s probe stemmed from a private complaint rather than an FIR and therefore cognisance had to be declined on a question of law, without addressing the merits of the allegations.
It also highlighted that despite receiving the complaint from BJP leader Subramanian Swamy in 2014, the Central Bureau of Investigation (CBI) did not register an FIR regarding the alleged scheduled offence.
The ED has accused Sonia and Rahul Gandhi, along with late Congress leaders Motilal Vora and Oscar Fernandes, as well as Suman Dubey, Sam Pitroda, and the private company Young Indian, of conspiracy and money laundering. It alleges that they acquired properties worth around Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald, with the Gandhis holding a majority 76 per cent stake in Young Indian. The agency claims the assets of AJL were “fraudulently” taken in exchange for a Rs 90 crore loan.
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