National Herald Case: Delhi High Court Issues Notice to Sonia, Rahul on ED Plea

New Delhi: The Delhi High Court on Monday issued notice to Congress Parliamentary Party chairperson Sonia Gandhi, Leader of Opposition in the Lok Sabha Rahul Gandhi, and others on a criminal revision petition filed by the Enforcement Directorate (ED) challenging a trial court order that refused to take cognisance of its money laundering complaint in the alleged National Herald case.

After hearing submissions from the ED, a single-judge Bench of Justice Ravinder Dudeja sought responses from the Gandhis and issued notice both on the main plea and the accompanying stay application.

Justice Dudeja listed the ED’s petition, which challenges the Rouse Avenue Court’s order dismissing its prosecution complaint under the Prevention of Money Laundering Act (PMLA), for further hearing on March 12, 2026.

Earlier, Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court had declined to take cognisance of the ED’s complaint, holding that it was not maintainable in law. While granting relief to Sonia Gandhi and Rahul Gandhi, the trial court clarified that the ED was free to continue its investigation in accordance with the law.

Apart from the Gandhis, the ED has named Congress Overseas chief Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian, and Dotex Merchandise Private Limited as proposed accused in the case.

Appearing for the ED, Solicitor General Tushar Mehta argued before the High Court that allowing the trial court’s order to stand would effectively render the PMLA redundant. “This turns the PMLA on its head. It becomes otiose and redundant if this order is allowed to sustain,” he submitted.

The Solicitor General further contended that the trial court had committed a serious error by holding that the ED could not act in cases where a court has already taken cognisance of a private complaint under Section 200 of the Criminal Procedure Code (CrPC). He warned that such an interpretation could have wide-ranging implications, suggesting that only police FIRs could trigger proceedings under the PMLA.

During the hearing, the High Court asked whether there were any pending cases in which the ED had acted after a court had taken cognisance of a private complaint. In response, SG Mehta stated that the PMLA does not prescribe any specific mode for initiating a money laundering offence and that an allegation of criminal activity linked to a scheduled offence is sufficient.

The high-profile case pertains to allegations that senior Congress leaders conspired to illegally take control of assets worth over Rs 2,000 crore belonging to Associated Journals Ltd (AJL), the original publisher of the National Herald newspaper, by paying a nominal amount of Rs 50 lakh through Young Indian, a company in which Sonia Gandhi and Rahul Gandhi are majority shareholders.

The National Herald controversy first surfaced in 2012, when BJP leader Subramanian Swamy filed a private complaint alleging cheating and criminal breach of trust by Congress leaders in the acquisition of AJL’s assets.

— With inputs from IANS