Delhi Court Dismisses ED Complaint Against Rahul, Sonia Gandhi, Others in National Herald Case
New Delhi: A Delhi court today dismissed the money laundering complaint lodged by Enforcement Directorate against Congress leaders Rahul Gandhi and Sonia Gandhi in connection with the National Herald case.
The court held that the ED's complaint under the Prevention of Money Laundering Act was not maintainable since the case was based on a private complaint filed by BJP leader Subramanian Swamy before a magistrate and not a first information report, Bar and Bench has reported.
According to Bar and Bench, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court said that the prosecution complaint 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," and ruled that "cognizance of the present complaint is impermissible in law."
Also read: Fresh FIR Against Gandhis in National Herald Case: Cover-up for ED's Own Errors?
Reporter Arvind Gunasekar has noted that the National Herald case "is the first in the history of the ED where the agency initiated money laundering investigation sans any FIR but just on a private complaint. In fact, PMLA was amended in 2019 to fix the loophole, even then the case couldn’t stand the scrutiny of the judiciary."
The Special Judge also said, "An investigation and the consequent prosecution complaint pertaining to the offence of money laundering defined under Section 3 and punishable under Section 4 is not maintainable in the absence of a FIR or the offence mentioned in the Schedule to the Act."
The same court has also said that the Gandhis are not entitled to a copy of the FIR that the Delhi Police's Economic Offences Wing has registered against them on October 3 in the case, setting aside a Magistrate Court's order. This FIR was based on the ED's information.
Bar and Bench reported that Judge Gogne, however, ruled that the accused may be informed that the FIR has been registered. It is unclear what happens to this FIR now that the complaint itself has been quashed.
In this case against the Gandhis, along with Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari, the ED claimed that 'proceeds of crime' were laundered from the takeover of National Herald publishers Associated Journals Limited by the company Young Indian. The Gandhis, who are majority stakeholders, have denied the charges and said that allegations of money laundering have been made without the use or projection of the property.
Great sweet taste of deserved victory #NationalHerald case. Trial judge does not find it worth even taking cognisance of!!! Strangest ever case: abs no movement of money, not one inch movement of immovable property, yet per ED huge money laundering in #NH!! #AJL now owned by…
— Abhishek Singhvi (@DrAMSinghvi) December 16, 2025
This article went live on December sixteenth, two thousand twenty five, at three minutes past twelve at noon.Truth has prevailed
The malafide and illegality of the Modi govt stands fully exposed. Proceedings of ED against the Congress leadership - Smt Sonia Gandhi Ji and Shri Rahul Gandhi Ji, in the Young Indian case have been found completely illegal and malafide by the Honourable…
— Congress (@INCIndia) December 16, 2025
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