Delhi High Court Demands Response from Gandhis in National Herald Case
Court Orders Response from Congress Leaders
The Delhi High Court has instructed Congress leaders Sonia Gandhi, Rahul Gandhi, and others to address a petition from the Enforcement Directorate (ED) that contests a trial court's decision not to acknowledge its chargesheet against them in the National Herald case. Justice Ravinder Dudeja issued a notice to the Gandhis and additional parties regarding both the main petition and the ED's request for a stay on the trial court's December 16 ruling, which deemed the agency's complaint legally invalid due to the absence of a First Information Report (FIR).
The court has scheduled the next hearing for March 12, 2026. Notices were also sent to Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise Pvt Ltd, and Sunil Bhandari concerning the ED's application. Solicitor General Tushar Mehta represented the ED, while senior advocates Abhishek Singhvi and R S Cheema defended the Gandhis.
The trial court previously stated that a prosecution complaint related to money laundering cannot proceed without an FIR for the alleged offense under the Prevention of Money Laundering Act (PMLA). The court noted that the ED's investigation originated from a private complaint rather than an FIR.
During the hearing, Mehta argued that the trial court's interpretation was fundamentally flawed and could have repercussions for other cases. He explained that, similar to police reports, the ED compiles evidence and files a prosecution complaint after an investigation.
Singhvi countered the ED's claims but agreed to accept the notice and submit a response. He emphasized that there is an alternative perspective to the ED's assertions.
The ED's petition contends that the trial court's ruling effectively provides immunity to certain money launderers based solely on the fact that the scheduled offense was reported through a private complaint. The agency highlighted serious allegations against the Gandhis and others that warrant serious consideration, rather than dismissal based on judicial precedents.
The ED criticized the trial court's decision as an instance of judicial overreach, asserting that the ruling incorrectly stated that a prosecution complaint under the PMLA cannot be based on a scheduled offense arising from a private complaint.
The trial court had indicated that it would not address the merits of the allegations since the decision to decline cognizance was based on legal grounds. It noted that despite receiving a complaint from BJP leader Subramanian Swamy in 2014, the Central Bureau of Investigation (CBI) did not file an FIR regarding the alleged scheduled offense.
Nonetheless, the ED proceeded to record an Enforcement Case Information Report (ECIR) related to money laundering on June 30, 2021, despite the absence of an FIR from the CBI or any other law enforcement agency.
The ED has accused Sonia and Rahul Gandhi, along with the late Congress leaders Motilal Vora and Oscar Fernandes, Suman Dubey, Sam Pitroda, and the private entity Young Indian, of conspiracy and money laundering. Allegations suggest they acquired properties valued at around Rs 2,000 crore belonging to Associated Journals Limited (AJL), the publisher of the National Herald newspaper. The agency further claims that the Gandhis hold a 76 percent majority stake in Young Indian, which allegedly misappropriated AJL's assets in exchange for a Rs 90 crore loan.