Daijiworld Media Network - New Delhi
New Delhi, Dec 22: The Delhi High Court on Monday issued notices to Congress Parliamentary Party chairperson Sonia Gandhi, Leader of the Opposition in the Lok Sabha Rahul Gandhi, and other accused persons in response to a criminal revision petition filed by the Enforcement Directorate (ED) in connection with the National Herald money laundering matter.
The petition challenges an earlier order of the Rouse Avenue Court, which had refused to take cognisance of the ED’s prosecution complaint under the Prevention of Money Laundering Act (PMLA). After briefly hearing submissions from the central agency, a single-judge bench headed by Justice Ravinder Dudeja called for replies from the respondents and issued notice on both the main petition and the accompanying application seeking interim relief. The High Court has scheduled the matter for further consideration on March 12, 2026.
Previously, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court had ruled that the ED’s complaint was not legally maintainable and, on that basis, declined to proceed with the case. While granting relief to Sonia Gandhi and Rahul Gandhi, the trial court had also clarified that the ED was free to continue its investigation in accordance with the law.
In addition to the Gandhis, the ED has named Congress Overseas chief Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian, and Dotex Merchandise Private Limited as proposed accused.
Representing the ED, Solicitor General Tushar Mehta argued before the High Court that allowing the trial court’s order to stand would effectively undermine the PMLA. He contended that the ruling wrongly restricted the agency’s powers by suggesting that action under the PMLA could not proceed once a court had taken cognisance of a private complaint under Section 200 of the Criminal Procedure Code.
According to the Solicitor General, such an interpretation could have far-reaching consequences and imply that money laundering proceedings can only be triggered through a police FIR, a position he said is not supported by the statute.
During the hearing, the High Court questioned whether there were instances where the ED had initiated action after a court had taken cognisance of a private complaint. Responding to this, Mehta maintained that the PMLA does not prescribe any fixed procedure for registering a money laundering offence and only requires allegations of criminal activity linked to a scheduled offence.
The case stems from allegations that senior Congress leaders conspired to unlawfully gain control over assets valued at more than Rs 2,000 crore belonging to Associated Journals Ltd (AJL), the original publisher of the National Herald newspaper. It is alleged that this was done through Young Indian, a company in which Sonia and Rahul Gandhi hold majority stakes, by paying a sum of Rs 50 lakh.
The National Herald controversy first surfaced in 2012, following a private complaint filed by BJP leader Subramanian Swamy, who accused Congress leaders of cheating and criminal breach of trust in the acquisition of AJL’s assets.