National Herald case: Delhi HC seeks Gandhis' reply on ED plea against trial court order

The Delhi High Court on Monday asked Congress leaders Sonia Gandhi, Rahul Gandhi, and others to respond to a plea by the Enforcement Directorate (ED) challenging a trial court order refusing to take cognisance of its chargesheet against them in the National Herald case.

Justice Ravinder Dudeja issued notice to the Gandhis and others on the main petition as well as on the ED's application seeking a stay on the December 16 trial court order, which held that cognisance of the agency's complaint in the case was "impermissible in law" as it was not founded on an FIR.

The high court listed the matter for further hearing on March 12, 2026.

While Solicitor General Tushar Mehta represented the ED in the case, senior advocates Abhishek Singhvi and R S Cheema represented the Gandhis.

In its order, the trial court said an investigation and the consequent prosecution complaint (equivalent to a chargesheet) pertaining to the offence of money laundering is "not maintainable" in the absence of an FIR for the offence mentioned in the schedule to the Prevention of Money Laundering Act (PMLA). It said the agency's probe stemmed from a private complaint and not an FIR.

It said cognisance upon the complaint being liable to be declined on a question of law, other arguments relating to the merits of the allegations are not required to be adjudicated upon.

The trial court said despite receiving the complaint made by BJP leader Subramanian Swamy and the consequent summoning order in 2014, the Central Bureau of Investigation (CBI) refrained from registering an FIR in relation to the alleged scheduled offence.

The ED has accused Sonia and Rahul Gandhi, as well as late Congress leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering.

It has been alleged that they acquired properties worth approximately Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper.

The investigating agency further alleged that the Gandhis held the majority 76 per cent shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a Rs 90 crore loan.