A Delhi court declined to take cognisance of the ED's chargesheet in the National Herald money laundering case against Sonia and Rahul Gandhi. Senior advocate Abhishek Manu Singhvi hailed the decision as a 'deserved victory' for the Gandhis.
Calling it a "deserved victory" and the "strangest ever case," senior advocate Abhishek Manu Singhvi on Tuesday welcomed the Rouse Avenue Court's decision to decline cognisance of the Enforcement Directorate's (ED) chargesheet in the National Herald money laundering case involving Sonia Gandhi, Rahul Gandhi and others.
Reacting on the social media platform X, Singhvi said the trial court did not even deem it fit to take cognisance of the matter, noting that there was no movement of money or transfer of immovable property. Yet, the ED had alleged large-scale money laundering. He pointed out that Associated Journals Ltd (AJL) is now owned by Young Indian, a not-for-profit company that cannot distribute profits, dividends, or perks, and accused the ruling dispensation of indulging in exaggeration and propaganda.
Court Declines to Take Cognisance of ED Complaint
Earlier in the day, Special Judge Vishal Gogne of the Rouse Avenue Court refused to take cognisance of the ED's prosecution complaint filed under the Prevention of Money Laundering Act (PMLA) against Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, Young Indian, Dotex Merchandise Pvt Ltd and Sanjeev Bhandari.
FIR a Prerequisite for PMLA Case, Rules Court
The court held that the ED's case was founded on a private complaint filed by BJP leader Subramanian Swamy and the summoning orders passed on that complaint, rather than on any FIR. It ruled that a money-laundering prosecution cannot be sustained based on a private complaint alone, noting that an FIR has greater investigative value and is a prerequisite for registering an ECIR under the PMLA framework.
While declining cognisance, the court clarified that the ED may continue with further investigation in accordance with the law. The detailed order is expected to be uploaded later in the day. The matter has been listed for January 16, 2026.
Legal Representation
During earlier hearings, Senior Advocate Abhishek Manu Singhvi appeared for Sonia Gandhi, while R.S. Cheema represented Rahul Gandhi. Advocate Sumit Kumar and Advocate Nikhil Bhalla were also present on behalf of the Gandhi family. Advocate Sushil Bajaj appeared for Suman Dubey, Senior Advocate Madhav Khurana represented Young Indian, and ASG S.V. Raju appeared for the Enforcement Directorate.
Case Background
The court had earlier emphasised that the accused have a statutory right to be heard before cognisance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The National Herald case stems from a complaint filed by Subramanian Swamy, alleging financial irregularities involving AJL, the original publisher of the National Herald.
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