ED Moves Delhi HC in National Herald Case
The Enforcement Directorate has approached the Delhi High Court challenging a trial court order that refused to take cognisance of its money laundering complaint against Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald case. The appeal follows a decision by the Rouse Avenue court, which held that the ED’s prosecution complaint could not proceed in its present form.
Dispute over legal basis
The trial court ruled that the ED’s complaint was not maintainable as it was not based on a First Information Report, which it said was necessary under the Prevention of Money Laundering Act. As a result, the court declined to move forward with the case at that stage. The ED has contested this interpretation, arguing that the law allows it to act on scheduled offences even if the original proceedings began through a private complaint.
Background of the case
The National Herald matter relates to alleged financial irregularities involving Associated Journals Limited, the publisher of the now-defunct National Herald newspaper, and Young Indian Private Limited, a company in which Sonia Gandhi and Rahul Gandhi are majority shareholders. The case has been politically sensitive and legally contested for several years, with multiple agencies examining different aspects of the transactions.
What lies ahead
By moving the High Court, the ED has sought to revive its money laundering complaint and continue judicial proceedings. The Delhi High Court is expected to take up the matter for consideration in the coming days, which could determine the future course of the long-running case.
