Court Rejects ED Case in National Herald Matter
No FIR, No PMLA Case: Delhi Court Declines Cognisance Against Sonia, Rahul Gandhi
- Delhi court says ED probe without FIR is impermissible under PMLA
- Cognisance of money laundering charges declined on legal grounds
- Court cites FIR in predicate offence as mandatory trigger
- Relief for Sonia Gandhi, Rahul Gandhi and others in National Herald case
GG News Bureau
New Delhi, 17th Dec: A Delhi court has ruled that taking cognisance of the Enforcement Directorate’s (ED) money laundering complaint in the National Herald case against Congress leaders Sonia Gandhi, Rahul Gandhi and five others is “impermissible in law” as it was not founded on a First Information Report (FIR).
In a detailed 117-page order, Special Judge Vishal Gogne held that an investigation and prosecution under the Prevention of Money Laundering Act (PMLA) cannot be sustained in the absence of an FIR for a scheduled offence. The court said the ED’s complaint stemmed from a private complaint under Section 200 of the CrPC filed by Dr Subramanian Swamy, and not from an FIR, which is a mandatory legal prerequisite.
“Cognisance of the offence of money laundering under Sections 3 and 4 of the PMLA is declined. The complaint is dismissed,” the judge said, adding that the issue was being decided purely on a question of law, making it unnecessary to examine the merits of the allegations at this stage.
The court underlined that an FIR in the predicate offence is the “sine qua non” for initiating a money laundering investigation, citing statutory provisions of the PMLA and Supreme Court precedent. It observed that despite the private complaint and summoning order issued in 2014, no FIR had been registered by the CBI in the alleged scheduled offence, yet the ED proceeded to register an ECIR in 2021.
Noting that the Economic Offences Wing of Delhi Police registered an FIR only on October 3, 2025, the court said it would be premature to assess the merits while further investigation is underway.
The ED has accused Sonia Gandhi, Rahul Gandhi, late Congress leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda and Young Indian, of conspiracy and money laundering linked to the alleged acquisition of Associated Journals Limited properties. The ruling provides significant legal relief to the Congress leaders, with the court declining to entertain the ED’s complaint at this stage.
