Special Central Bureau of Investigation (CBI) court in Delhi has refused to take cognizance of a money laundering complaint filed by the Enforcement Directorate (ED) against Congress leaders Sonia Gandhi, Rahul Gandhi, and Mallikarjun Kharge in connection with the National Herald case.
The court dismissed the ED’s complaint on the grounds that it was not maintainable without a corresponding First Information Report (FIR).
Court Declares Complaint Not Maintainable
The Special CBI Court, which deals with cases investigated by the ED and CBI, ruled that a complaint filed by the Enforcement Directorate alleging money laundering cannot be directly entertained as an original case if it is not rooted in an underlying police FIR.
The court emphasized that for a complaint to be triable, there must be a foundational criminal case registered by a police agency. Since the ED’s complaint lacked this primary document, the court deemed it not cognizable (not worthy of consideration or trial).
Relief for Congress Leaders
The court’s decision offers temporary relief to Sonia Gandhi, Rahul Gandhi, and current Congress President Mallikarjun Kharge, who were named in the ED's complaint relating to alleged financial irregularities concerning the acquisition of the newspaper National Herald via Associated Journals Limited (AJL) and Young Indian (YI).
ED Can Continue Investigation
While the court refused to take cognizance of the formal complaint for trial, it clarified that the Enforcement Directorate is free to continue its investigation into the alleged offences under the Prevention of Money Laundering Act (PMLA). The ruling pertains only to the formal trial process based on the current complaint's structure.
The National Herald case has been a high-profile political and legal battle, with the ED consistently alleging money laundering and misappropriation of funds in the decades-old case.
