Delhi HC Seeks Response From Gandhis on ED Challenge in National Herald Case

The Delhi High Court on Monday issued notices to senior Congress leaders Sonia Gandhi and Rahul Gandhi after the Enforcement Directorate (ED) challenged a trial court order that had refused to take cognisance of its chargesheet in the National Herald money laundering case.

Justice Ravinder Dudeja issued notice on the ED’s main petition as well as its application seeking a stay on the December 16, 2025 trial court order, which held that taking cognisance of the prosecution complaint was “impermissible in law” as it was not based on a registered FIR.

The High Court has listed the matter for further hearing on March 12, 2026.

Who All Have Been Issued Notices

Apart from Sonia and Rahul Gandhi, notices were also issued to:

• Suman Dubey
• Sam Pitroda
• Young Indian
• Dotex Merchandise Pvt Ltd
• Sunil Bhandari

The ED was represented by Tushar Mehta, while senior advocates Abhishek Singhvi and R S Cheema appeared for the Gandhis.

What the Trial Court Had Ruled

In its December order, the trial court held that an investigation and prosecution under the Prevention of Money Laundering Act (PMLA) is not maintainable unless there is an FIR registered for the scheduled offence. The court noted that the ED’s probe originated from a private complaint and not from an FIR filed by a law enforcement agency.

The court further said that since cognisance was being declined on a question of law, it did not find it necessary to examine the merits of the allegations.

ED’s Arguments Before the High Court

During the hearing, Solicitor General Tushar Mehta argued that the trial court’s view was “horribly wrong” and could have serious implications for other money laundering cases. He submitted that the ED, after completing its investigation, files a prosecution complaint similar to a police chargesheet.

The ED, in its plea, said the trial court’s ruling effectively gives a “free pass” to certain accused merely because the scheduled offence arose from a private complaint. It argued that the order amounted to judicial overreach and undermined the intent of the PMLA.

Defence Response

Senior advocate Abhishek Singhvi disputed the ED’s submissions but agreed to accept the High Court notice and file a detailed reply. He maintained that there exists a legally valid perspective contrary to the ED’s interpretation of the law.

Background of the Case

The ED has accused Sonia Gandhi, Rahul Gandhi, late Congress leaders Motilal Vora and Oscar Fernandes, along with others, of conspiracy and money laundering in connection with the alleged takeover of assets belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper.

According to the agency, assets worth around ₹2,000 crore were allegedly acquired through Young Indian, a company in which the Gandhis hold a 76% stake, in exchange for a loan of ₹90 crore.