Why ED Didn't Seek Sanction to File Charge Sheet Against Gandhis

Even though the Enforcement Directorate (ED) has been ordered by the Supreme Court to take a prior sanction before filing charge sheets against public servants, the agency has charged former Congress president Sonia Gandhi and leader of opposition in the Lok Sabha, Rahul Gandhi, without such permission as the alleged irregularities in Associated Journals Limited (AJL) and Young Indian (YI) case have no link with their role as parliamentarians, said an officer of the agency, who did not want to be named.

- Neeraj Chauhan

NEW DELHI:

The lack of a prior sanction will form a major part of the legal defence of the Gandhis, a Congress leader said.

In a November 2024 ruling, the Supreme Court said that section 197 (1) of the criminal procedure code (CrPC) -- under which currently the Central Bureau of Investigation (CBI) must mandatorily take prior sanction -- would be applicable in prevention of money laundering act (PMLA) cases as well.

To be sure, 197 (1) CrPC has been replaced by section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and has same provisions.

ED director Rahul Navin, following the apex court ruling, issued a directive to all the units of the financial crimes probe agency to mandatorily take sanction "without prejudice" against public servants before filing prosecution complaints (ED's equivalent of charge sheets).