ED Approaches Delhi High Court Over Trial Court Order in National Herald Case
New Delhi: The Enforcement Directorate on Friday approached the Delhi High Court challenging a trial court order that refused to take cognisance of its prosecution complaint against Sonia Gandhi and Rahul Gandhi in the National Herald money laundering case.
The move comes days after a Delhi court declined to accept the ED’s prosecution complaint, which is equivalent to a chargesheet. In a detailed 117-page order, Special Judge Vishal Gogne held that the ED’s probe was not legally sustainable as it was initiated without a first information report, a mandatory requirement under the Prevention of Money Laundering Act.
The court ruled that an investigation and prosecution for money laundering cannot proceed in the absence of an FIR. However, it allowed the ED to continue its investigation based on an FIR registered by the Delhi Police’s economic offences wing on October 3, which was brought to the court’s attention during arguments.
The court also rejected the Gandhis’ plea seeking a copy of the FIR, stating they were not entitled to it at the current stage of investigation. It further noted that the case originated from a private complaint filed by Subramanian Swamy under the Code of Criminal Procedure, who was not authorised to investigate scheduled offences.
The matter relates to the acquisition of Associated Journals Limited, which published the now-defunct National Herald newspaper.
Our Final Thoughts
The ED’s decision to challenge the trial court order signals that the legal battle in the National Herald case is far from over. The High Court’s response will be crucial in determining the future course of the probe and clarifying procedural requirements under the PMLA. The case continues to draw attention due to its legal and political implications.