ED moves Delhi High Court in National Herald case

In its appeal, the ED has questioned the trial court’s findings, arguing that the court erred in rejecting its prosecution complaint filed under the Prevention of Money Laundering Act.
Enforcement Directorate (ED) logo.
Enforcement Directorate (ED) logo.(File Photo)
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NEW DELHI: The Enforcement Directorate (ED) on Friday moved the Delhi High Court challenging a trial court order that refused to take cognisance of its chargesheet against Congress leaders Sonia Gandhi and Rahul Gandhi in a money laundering case linked to the alleged National Herald matter.

In its appeal, the ED has questioned the trial court’s findings, arguing that the court erred in rejecting its prosecution complaint filed under the Prevention of Money Laundering Act (PMLA). The matter is likely to be listed for hearing next week.

On December 16, a Delhi court declined to take cognisance of the ED’s chargesheet, holding that the prosecution complaint was not maintainable as it was not based on a First Information Report (FIR) registered by an investigating agency.

The court observed that an ED case under PMLA can be initiated only on the basis of a scheduled offence registered through an FIR.

While refusing cognisance, the court noted that Delhi Police has registered an FIR in the matter. Apart from the Gandhis, the ED had named Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari as accused.

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