The Gandhi family has gained significant relief in the National Herald case. Delhi's Rouse Avenue Court has refused to take cognizance of the chargesheet filed by the Enforcement Directorate (ED). This ruling is viewed as an important legal victory for Congress leaders Sonia Gandhi and Rahul Gandhi.
The court clarified in its order that the investigation and prosecution process for money laundering is not considered valid until a proper FIR is registered for the crime. The court affirmed the stipulation under the Prevention of Money Laundering Act (PMLA) that a related FIR must exist before the ED can commence an investigation.
Furthermore, the court noted that the FIR necessary for investigating the money laundering case has not been registered yet. According to the court, the CBI has not registered an FIR in this matter, whereas the ED proceeded with an ECIR without it, which the court did not find legally acceptable.
The court concluded that in the absence of an FIR, neither the money laundering investigation nor the associated prosecution complaint remains sustainable. It also clarified that acknowledging a money laundering case based on a private individual's complaint is legally unacceptable.
The court emphasized that its order does not touch upon the merits of the allegations. It stated that it isn't offering any opinion on the truth or falsity of accusations at this stage, but solely ruling on the validity of the legal process. With this order, Rouse Avenue Court rejected the ED's complaint and declined to take cognizance of the agency's chargesheet.
In response to the court's order, ED sources mentioned that the decision was made purely on technical grounds without commenting on the merit of the matter. Sources indicated that after FIR is registered by Delhi Police, the ED plans to continue its investigation and intends to refile the chargesheet post its submission by Delhi Police. The ED claims it to be a clear case of money laundering.
The Enforcement Directorate (ED) included Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, Sunil Bhandari, along with Young Indian and Dotex Merchandise Private Limited, in its chargesheet filed in the National Herald case. The Congress party accused the ED of acting with political vendetta, while the ED alleged the illegal usurping of over 2000 crore worth of properties belonging to Associated Journals Limited (AJL).
