In a significant development in the long-running National Herald case, a Delhi court on Tuesday declined to take cognisance of the Enforcement Directorate's (ED) prosecution complaint under the Prevention of Money Laundering Act (PMLA) against Congress leaders Sonia Gandhi, Rahul Gandhi, and five others.
The Rouse Avenue Court ruled that the ED's complaint was not maintainable, as it stemmed from a private complaint filed by BJP leader Subramanian Swamy rather than a scheduled offence registered via a First Information Report (FIR). The court emphasised that money laundering proceedings require a predicate offence backed by an FIR, and in this instance, the foundation was a private complaint under Section 200 CrPC, rendering cognisance impermissible in law.
Additionally, the court noted that the Delhi Police's Economic Offences Wing (EOW) had already registered an FIR in the matter recently, making it premature and imprudent to adjudicate the ED's submission on merits at this stage. However, the court clarified that the ED remains free to continue its ongoing investigation in accordance with the law, and the agency has indicated it plans to appeal the order.
The Congress party hailed the ruling as a major vindication, posting on X: "Truth has prevailed." The party further stated, "The court has ruled the ED case is without jurisdiction, it has no FIR without which there is no case... The malafide and illegality of the (Narendra) Modi government stands fully exposed."
"This politically motivated prosecution by the Modi government, over the last decade, of the principal opposition party stands exposed before the people of India," the Congress added on X, describing the allegations as baseless charges involving no money laundering, no proceeds of crime, and no movement of property.
Also Read: National Herald case: ED probe quite strange, says Sonia Gandhi
The EOW had filed its FIR last month, accusing Sonia Gandhi, Rahul Gandhi, and five others—including the Congress' overseas unit chief, Sam Pitroda—of conspiring to fraudulently take over Associated Journals Limited (AJL), the parent company of the now-defunct National Herald newspaper.
In response to the criminal conspiracy charges, Congress leader Abhishek Singhvi derided the Bharatiya Janata Party (BJP) for "conjuring a case (out) of its own twisted mind" and labelled the charges as "the BJP's recycled obsession". The BJP countered with its own criticism, with National General Secretary Tarun Chugh telling reporters that the Congress "is in a state of panic and frustration.
"Support for the Congress came from allies as well, including Priyanka Chaturvedi of the Uddhav Thackeray-led Shiv Sena, who described the National Herald charges as "nothing but a political witch hunt... a tool the BJP applies from time to time to attack opposition voices. Shame that agencies continue to bend backwards to please political masters."
Also Read: National Herald case: Court delays ED chargesheet review
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