Relief for Sonia and Rahul Gandhi as Delhi Court dismisses ED complaint in National Herald Case

A Delhi court on December 16 refused to take cognisance of the Enforcement Directorate’s (ED) money laundering case against Congress leaders Sonia Gandhi and Rahul Gandhi and five others in the National Herald matter.

The Rouse Avenue Court told the ED that while it may continue further investigation, the court cannot take cognisance of the chargesheet at this stage. The court reasoned that the ED’s case stems from a private complaint filed by BJP leader Subramanian Swamy in 2013 and subsequent magistrate summoning orders, and not from an official first information report (FIR) registered by the police. In the absence of a predicate offence FIR, cognisance was “impermissible in law,” the court said.

Special Judge Vishal Gogne noted that the Delhi Police’s Economic Offences Wing (EOW) has already lodged an FIR in the matter, adding that it would be premature to adjudicate the ED’s arguments on merits at this stage. The ED has said it will appeal the court’s order.

The agency has accused Sonia Gandhi, Rahul Gandhi, late Congress leaders Motilal Vora and Oscar Fernandes, Suman Dubey, Sam Pitroda and the company Young Indian of conspiracy and money laundering. The ED has alleged that properties worth around Rs 2,000 crore belonging to Associated Journals Limited (AJL), publisher of the National Herald newspaper, were illegally acquired. It has further claimed that the Gandhis held a 76 per cent stake in Young Indian, which allegedly took control of AJL’s assets in exchange for a ₹90 crore loan. As part of the probe, the ED has attached AJL properties worth Rs 751.91 crore.

Reacting to the order, the Congress said the proceedings were politically motivated and claimed the court had exposed the “illegality” of the case. The BJP rejected the charge, asserting that the allegations point to serious financial irregularities predating the current government.