In a significant development in the case, the Delhi High Court on Monday issued notice to Rahul Gandhi, Sonia Gandhi and other accused in the National Herald case on Enforcement Directorate's (ED) plea challenging the trial court order dismissing its money laundering complaint.
Justice Ravinder Dudeja sought response from Gandhis after hearing the ED. Solicitor General Tushar Mehta, appearing for ED, said that if the trial court judgment is allowed to stand, it will render the Prevention of Money Laundering Act (PMLA) redundant."This brings the PMLA on its head. It becomes otiose and redundant if this order is to sustain," he said.
He said that the case needs final adjudication."This matter needs final adjudication on the returnable date, my lord may consider hearing us and then have it finally," the SG submitted.The Court issued notice on the main plea as well as stay application and posted the case for further hearing on March 12, 2026. Senior Advocate Abhishek Manu Singhvi appeared for Gandhis."I want to say something on notice. There is a perspective, contrary to why my friend has said," he said.The Court eventually proceeded to issue notice to Gandhis on the main plea as well as stay application.
It listed the case for further consideration on March 12.Apart from Gandhis, Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari had also been made accused by the ED.Special judge (PC Act) Vishal Gogne of the Rouse Avenue Court had on December 16 rejected ED's complaint, holding that it was not maintainable under the Prevention of Money Laundering Act (PMLA) since the case was based on a private complaint filed by BJP leader Subramanian Swamy and not any First Information Report (FIR).
“Since the present prosecution complaint pertaining to the offence money laundering is founded on cognisance and summoning order upon a complaint under Section 200 CrPC filed by a public person, namely Dr Subramanian Swamy, and not upon an FIR, cognizance of the present complaint is impermissible in law,” the special judge ruled.He underscored that ED can initiate a money laundering case only based on an FIR with respect an offence mentioned in the schedule of the PMLA.
SG Tushar Mehta, appearing for ED, said on Monday that the special judge's order will impact various cases.
"The sum and substance of the impugned order is that if someone files a one-page FIR that can be subject matter of ED offence, but a court taking cognisance under section 200 CRPC, that cannot be the basis of an ED complaint. The Court has gone horribly wrong. It is not just this case, but it will affect several other cases. It [court] says ED cannot do anything if a court has taken cognisance of a private complaint," the SG submitted.
The National Herald case stems from a private complaint by former Union Minister Subramanian Swamy accusing Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda, and Gandhi family-controlled Young Indian of cheating, criminal conspiracy, criminal breach of trust and misappropriation of property.The ED filed a prosecution complaint against the Gandhis as well as Pitroda and others on April 15 this year.
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