NEW DELHI, Dec 16 — A Delhi court on Tuesday dismissed the Enforcement Directorate’s money laundering complaint against Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald case, ruling that the prosecution could not proceed without a First Information Report.
Special Judge Vishal Gogne of the Rouse Avenue Court said the ED’s complaint under the Prevention of Money Laundering Act (PMLA) stemmed from a private petition by BJP leader Subramanian Swamy, not an FIR for a scheduled offence under the Act. “Under the law, a money laundering investigation can only proceed when there is an FIR for a predicate offence,” the court noted.
The court refused to take cognisance of alleged offences under Sections 3 and 4 of the PMLA, adding that the statutory foundation required by law was absent. However, the judge acknowledged that the Delhi Police’s Economic Offences Wing has since registered an FIR in the matter, and left it open for the ED to submit further evidence.
Apart from the Gandhis, the ED had named Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise, and Sunil Bhandari in the complaint. The agency alleged laundering of proceeds arising from the purported takeover of Associated Journals Limited, publisher of the National Herald, valuing the properties involved at more than ₹2,000 crore.
“The case was unprecedented as it alleged money laundering without any use or enjoyment of the property,” the Gandhis’ legal team said during hearings. They argued that Young Indian’s acquisition of AJL’s assets aimed to make the company debt-free through a loan arrangement, not to unlawfully seize its properties.
Congress spokesperson Supriya Shrinate called the ruling a vindication. “Truth has prevailed. The malafide and illegality of the Modi government stands fully exposed. Proceedings of the ED against the Congress leadership…have been found completely illegal and malafide by the Honourable Court,” she said.
Shrinate added that without an FIR, “there is no case…These are all baseless charges that were part of a political witch hunt…which stand defeated today.” She affirmed the party’s commitment to fighting for truth and citizens’ rights, concluding, “Satyamev Jayate.”
