A Delhi court on Tuesday declined to take cognisance of the Enforcement Directorate’s (ED) money laundering charges against Congress leaders Rahul Gandhi and Sonia Gandhi, along with five others, in the National Herald case.
Special Judge Vishal Gogne observed that the ED’s chargesheet stemmed from a complaint filed by a private individual rather than from a registered FIR relating to a scheduled (predicate) offence. As a result, taking cognisance of the chargesheet was not permissible under law, the court held.
The agency said it would challenge the order in a higher court.
The judge noted that the Delhi Police’s Economic Offences Wing has already lodged an FIR, and it would be premature to examine the merits of the ED’s arguments.
Delhi Police, on October 3, filed an FIR against Congress leaders Sonia Gandhi and Rahul Gandhi, and other accused in the National Herald case on a complaint by the ED.
The ED has accused the Gandhis, as well as late party leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering.
It has been alleged that they acquired properties worth approximately Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper.
The investigation agency further alleged that the Gandhis held the majority 76 per cent shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a Rs 90 crore loan.
The court also set aside a magisterial court's order directing the Delhi Police to provide a copy of the FIR registered by them against Rahul Gandhi and Sonia Gandhi.
The judge, however, ruled that the accused may be informed that the FIR has been registered.
Reacting to the court order, Congress claimed the "illegality" of the Narendra Modi government and its "politically motivated prosecution stands fully exposed."
"The mala fide and illegality of the Modi government stands fully exposed. The court has ruled that the ED case is without jurisdiction; it has no FIR, without which there is no case. This politically motivated prosecution by the Modi government over the last decade of the principal opposition party stands exposed before the people of India," Congress spokesperson Supriya Shrinate said in a statement.
"No case of money laundering, no proceeds of crime and no movement of property; all baseless charges that have been a part of a political witch hunt, propaganda, reputation assassination and campaign which stands defeated today," she said.