In a significant setback for the Enforcement Directorate (ED), a Delhi court on Tuesday (December 16) declined to take cognisance of the money laundering chargesheet filed against Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald case. Special Judge Vishal Gogne of the Rouse Avenue Court held that the ED’s complaint under the Prevention of Money Laundering Act (PMLA) was legally unsustainable, as it was founded on a private complaint rather than a registered First Information Report (FIR).
The court noted that, under the law, such a complaint could not form the basis for taking cognisance. However, it added that the ED may pursue legal remedies if it chooses to do so. Apart from Sonia and Rahul Gandhi, the agency had also named Congress leaders Suman Dubey and Sam Pitroda, along with entities including Young Indian, Dotex Merchandise and businessman Sunil Bhandari as accused in the case. The Congress party has consistently argued that the ED’s investigation is driven by political motives, while the agency has maintained that the case involves serious financial wrongdoing, alleging forgery and money laundering linked to assets of Associated Journals Limited (AJL) worth over ₹2,000 crore.
According to reports, ED is likely to challenge the Rouse Avenue Court’s order. The agency’s legal team is examining the detailed judgment and may file an appeal. According to sources, the ED believes the court may have overlooked key portions of the Supreme Court’s ruling in the Vijay Madanlal Choudhary case, and that the complaint was not an ordinary private one, as cognisance of the underlying offence had already been taken earlier. Reacting to the ruling, the Congress posted on X, saying, “Truth has triumphed.” The party accused the Modi government of misusing investigative agencies to target the opposition and claimed the court had exposed the ED’s actions as unlawful and driven by malice.
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In its statement, the Congress said the court found that, in the absence of an FIR, the ED had no jurisdiction to proceed. It further asserted that allegations of money laundering, transfer of property and proceeds of crime were baseless and politically motivated. “The attempt to intimidate the Congress leadership has failed,” the party said, adding that it would continue to stand by truth and constitutional values. The statement concluded with the phrase, “Satyameva Jayate.”
Senior Congress leader and MP Abhishek Manu Singhvi also welcomed the decision, describing the case as fundamentally flawed. He said there had been no movement of funds or transfer of immovable property, and that all AJL assets remained with the company. Singhvi argued that the only change was AJL’s shareholding structure, with Young Indian holding a majority stake, which did not amount to money laundering. He criticised the BJP for what he called exaggerated claims around the case.
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Meanwhile, the Rouse Avenue Court clarified that Sonia Gandhi, Rahul Gandhi and other accused are not entitled to receive a copy of the FIR registered by Delhi Police in connection with the National Herald matter. The court ruled that while the accused can be informed about the registration of the FIR, they cannot demand a copy at this stage.

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