National Herald case: Relief for Gandhis as court refuses to take cognisance of ED chargesheet

A Delhi court on Tuesday declined to take cognisance of the Enforcement Directorate’s money laundering complaint against Congress leaders Sonia Gandhi, Rahul Gandhi and five others in the National Herald investigation, stating that the agency's case was rooted in a private complaint rather than a first information report.

- AAISHA SABIR

Special Judge Vishal Gogne, delivering an extensive order in proceedings that have unfolded amid years of political conflict and courtroom challenges, ruled that the ED’s prosecution complaint relating to alleged violations under the Prevention of Money Laundering Act was “impermissible in law.” He noted that the investigation originated from a complaint filed by private petitioner Subramanian Swamy and not from an FIR that could qualify as a predicate offence.

According to the court, it would now be premature and inadvisable to evaluate the submissions of either the ED or the proposed accused regarding the merits of the allegations when cognisance itself had to be denied on what the judge described as a “pure question of law”. The order added that “other arguments possibly live to fight another day.”

Senior ED officials said the agency is considering an appeal after seeking legal advice, including from Solicitor General