The Delhi High Court on Monday issued notices to Congress leaders Sonia Gandhi and Rahul Gandhi and other accused in the National Herald money laundering case, asking them to respond to a petition filed by the Enforcement Directorate (ED) challenging a trial court order that declined to take cognisance of its chargesheet.
Justice Ravinder Dudeja directed Sonia and Rahul Gandhi, Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise Private Limited, and Sunil Bhandari to file their replies by March 12, the next date of hearing.
The ED has approached the High Court seeking a stay on the trial court’s decision, which had refused to proceed with the case on legal grounds. The trial court held that since the matter stemmed from a private complaint filed by BJP leader Subramanian Swamy and not from a registered FIR, it could not take cognisance of the agency’s prosecution complaint under the Prevention of Money Laundering Act (PMLA).
Appearing for the ED, Solicitor General Tushar Mehta contended that the trial court had misapplied the law and warned that the ruling could have far-reaching implications beyond the present case. He argued that the PMLA does not mandate a specific procedure for registering a complaint and that a prosecution complaint filed after investigation carries greater legal weight than an FIR.
Mehta told the court that ED investigations follow a process similar to police probes, where evidence is gathered before filing a prosecution complaint. He also pointed out that the trial court had earlier taken cognisance of the private complaint in the matter, a decision that had already been upheld by higher courts, and therefore should not have dismissed the ED’s charges at this stage.
Senior advocates Abhishek Singhvi and R S Cheema appeared for Sonia and Rahul Gandhi. While opposing the ED’s submissions, Singhvi said he would file a detailed response after accepting the notice. “There is a perspective contrary to what my learned friend has argued,” Singhvi told the court.
The ED has alleged that the Gandhis and other accused acquired assets worth approximately ₹2,000 crore belonging to Associated Journals Limited (AJL), the publisher of the National Herald newspaper. According to the agency, Sonia and Rahul Gandhi together held a 76 per cent stake in Young Indian, which allegedly took control of AJL’s properties in return for a loan of ₹90 crore.
In its petition, the ED argued that allegations of such magnitude could not be set aside by relying solely on legal technicalities. It contended that the trial court erred in holding that a money laundering case under the PMLA must necessarily arise from a scheduled offence registered through an FIR or a complaint by an authorised agency, and not from a private complaint.
