New Delhi: A Delhi court on Tuesday offered major legal relief to Congress leaders Rahul Gandhi and Sonia Gandhi, refusing to take cognisance of the Enforcement Directorate’s (ED) money laundering case linked to the National Herald issue.

Special Judge Vishal Gogne of Rouse Avenue Court ruled that the ED’s complaint under the Prevention of Money Laundering Act (PMLA) could not proceed because it stemmed from a private complaint rather than a First Information Report (FIR). According to Bar & Bench, the court emphasised that prosecution under Sections 3 and 4 of the PMLA is not maintainable without an FIR or a scheduled offence.

Allegations and parties involved

Apart from the Gandhis, the ED had named Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise, and Sunil Bhandari as accused. The agency alleged that more than ₹2,000 crore was laundered through Young Indian, which had acquired the assets of Associated Journals Limited (AJL), the publisher of the National Herald.

The Gandhis, however, argued that Young Indian’s takeover was intended to make AJL debt-free and not to usurp its assets, according to the Bar & Bench report.

Court relief and lawyer’s remarks

Advocate Shauryaveer Singh said, “Honourable court has given a big relief to the accused in the money laundering case because it was a private complainant known as Subramanian Swami who gave a baseless complaint against Honourable Sonia ji, Rahul ji and other members in the complaint. The court has told the ED that it was filed by a private complainant under Section three of Money Laundering Act. We cannot acknowledge this complaint in the court of law. It is illegal in the rule of law, as, before an FIR, a trial cannot be run in the court.”

ED likely to challenge court order

Sources indicate that the Enforcement Directorate is expected to challenge the special court’s order rejecting its prosecution complaint in the alleged National Herald money laundering ca