National Herald Case: Delhi Court Refuses To Take Cognizance Of ED's Complaint Against Rahul Gandhi, Sonia Gandhi

A Delhi Court on Tuesday refused to take cognizance of Enforcement Directorate's money laundering complaint in the National Herald case allegedly involving Congress leaders Rahul Gandhi and Sonia Gandhi.

Special Judge Vishal Gogne of Rouse Avenue Courts pronounced the order.

The court held that the prosecution complaint filed by the Enforcement Directorate (ED) against the Gandhis was not maintainable in law, as it was not founded on an FIR relating to a scheduled offence under the Prevention of Money Laundering Act (PMLA).

The court noted that the money laundering proceedings were based on a cognisance and summoning order passed on a private complaint filed under Section 200 CrPC by Dr Subramanian Swamy, and not on an FIR.

While pronouncing the order, the judge said the Delhi Police's Economic Offences Wing has already lodged an FIR in the case, and hence it will be premature to adjudicate on ED's arguments in the case based on merits.

Since the prosecution complaint pertaining to the offence of money laundering is founded on cognisance and summoning order upon a complaint under Section 200 CrPC filed by a public person, and not upon an FIR, cognizance of the present complaint is impermissible in law, the court ruled. It further held that an investigation and the consequent prosecution complaint for the offence of money laundering under Sections 3 and 4 of the PMLA cannot be sustained in the absence of an FIR relating to a scheduled offence, leading to the dismissal of the ED's complaint.

The ED had filed a fresh prosecution complaint against Rahul Gandhi and Sonia Gandhi under sections 44 and 45 of Prevention of Money Laundering Act (PMLA) 2002 for commission of offence of money laundering as defined under section 3 read with section 70 and punishable under section 4 of PMLA, 2002.

The controversy centers around the acquisition of Associated Journals Limited (AJL), the publisher of the now-defunct National Herald newspaper.

In 2010, a newly formed company, Young Indian Pvt Ltd (YIL), acquired AJL's debts from the Indian National Congress for ₹50 lakh.

Subsequently, YIL took control of AJL's assets, which were valued at over ₹2,000 crore. Sonia Gandhi and Rahul Gandhi held a majority stake in YIL, leading to allegations that they used party funds to gain control of AJL's valuable properties.

The ED's investigation, initiated in 2014, focused on the financial transactions between the Congress party, AJL, and YIL.

The agency alleges that the Gandhis and other Congress leaders engaged in a scheme to misappropriate AJL's assets for personal gain.

Recently, the ED has moved to take possession of properties linked to AJL, valued at approximately ₹661 crore, under the Prevention of Money Laundering Act (PMLA).