National Herald case: Delhi HC seeks response from Sonia, Rahul on ED appeal

New Delhi: After hearing detailed submissions from the Enforcement Directorate, the Delhi High Court on Monday issued notice to all respondents, including Congress leaders Sonia Gandhi and Rahul Gandhi, on the ED’s appeal against a trial court order that declined to take cognisance of its prosecution complaint in the National Herald case.

The Court has fixed March 12, 2026, for further hearing.

Justice Ravinder Dudeja heard the matter. Solicitor General Tushar Mehta appeared for the ED, while Senior Advocates Abhishek Manu Singhvi and R.S. Cheema represented the Gandhi family. The ED has challenged the Rouse Avenue Court’s decision, which held that proceedings under the Prevention of Money Laundering Act could not be sustained in the absence of an FIR for the scheduled offence.

During the hearing, the Solicitor General argued that the trial court committed a legal error by failing to recognise that cognisance taken by a competent court on a private complaint carries greater legal weight than a mere FIR. He submitted that in the present case, cognisance of the private complaint constituting the scheduled offence had already been taken and upheld up to the Supreme Court, giving it a stronger legal foundation.

Mehta further contended that the PMLA does not prescribe the manner in which a scheduled offence must be registered. According to the ED, the law only requires the existence of allegations relating to criminal activity connected to a scheduled offence, without mandating that it must originate from an FIR rather than a criminal complaint.

The Court questioned whether cognisance had been taken after examination of the complainant. The Solicitor General confirmed that witnesses had also been examined and requested that the matter be finally adjudicated on the return date. However, Senior Advocate Singhvi informed the Court that some respondents were yet to be served.

In its appeal, the ED has maintained that criminal proceedings can be initiated either through a police case or a private complaint. Once cognisance of the scheduled offence is taken by a competent court and upheld by higher courts, the source of the offence becomes immaterial, the agency argued.

The appeal arises from the trial court’s refusal to take cognisance of the ED’s complaint against Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, Young Indian, Dotex Merchandise Pvt Ltd and others. While allowing further investigation following a subsequent FIR by the Economic Offences Wing, Delhi, the trial court had held the prosecution complaint, as filed, to be legally unsustainable.
(With PTI inputs)