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The Enforcement Directorate has moved the Delhi High Court challenging a trial court’s refusal to take cognisance of its money laundering complaint against Sonia Gandhi and Rahul Gandhi in the National Herald case as the long running legal dispute enters a fresh chapter with the agency seeking higher judicial review.
ED challenges the ruling in Delhi High Court seeking review and directions.
New Delhi: The Enforcement Directorate has taken its fight in the National Herald case to the Delhi High Court, seeking to overturn a recent order by a trial court that declined to take cognisance of its prosecution complaint against prominent Congress leaders Sonia Gandhi and Rahul Gandhi in an alleged money laundering matter. The appeal was filed on Friday with the agency challenging the lower court’s reasoning and urging the High Court to review the decision, potentially reopening the path for summons and trial in the long running case.
Earlier this week, a special court at Rouse Avenue in Delhi refused to proceed with the Enforcement Directorate’s prosecution complaint, effectively halting immediate legal action against the Gandhis. The court held that the complaint did not meet the statutory requirements for taking cognisance, noting legal technicalities and procedural issues in the manner the money laundering allegation was presented. This decision came as a surprise to many observers given the high profile of the case and its long history in Indian legal and political discourse.
The National Herald case stems from allegations that senior Congress leaders caused financial loss to Associated Journals Ltd, the publisher of the National Herald newspaper, by using a complex set of transactions through Young Indian Pvt Limited. The Enforcement Directorate’s money laundering complaint alleges proceeds of crime were involved when assets worth large sums were effectively acquired for a nominal amount, raising questions about the legality of the deal and whether the actions constituted laundering under the Prevention of Money Laundering Act.
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The lower court’s decision to refuse cognisance was largely based on the finding that the Enforcement Directorate’s prosecution complaint could not be taken forward without adherence to statutory prerequisites under the law, including the link to an FIR for a scheduled offence under the Prevention of Money Laundering Act. The court noted that the complaint filed by the ED was rooted in a private complaint and lacked the legal foundation to proceed as a standalone money laundering prosecution, prompting the dismissal at that judicial stage.
The trial court’s ruling drew immediate reactions from political quarters. Leaders from the Congress party hailed the decision as a vindication of their long standing claims that the case was baseless and politically motivated, describing the outcome as evidence of judicial scrutiny prevailing over unfounded allegations. Senior Congress legal representatives described the inability to even take cognisance as indicative of fundamental weakness in the prosecution’s case. On the other side, critics of the ruling framed it as a procedural issue rather than a commentary on the merits of the allegations.
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In its appeal before the Delhi High Court, the Enforcement Directorate is contesting the trial court’s interpretation of evidence and law, arguing that crucial material was overlooked and that legal missteps in the trial court’s order need correction. The agency has asked the appellate court to direct the trial court to register the criminal complaint, paving the way for formal charges, summons and continuation of the investigation under the money laundering framework. Depending on the High Court’s response, this could revive seizures, raids and other investigatory measures associated with the case.
The National Herald case has been unfolding for over a decade, involving extensive legal and political battles that include earlier investigations asset attachments and multiple court hearings at various levels. The Enforcement Directorate’s focus on alleged laundering of proceeds of crime in the acquisition of high value assets has been a central theme of the agency’s actions, but repeated setbacks in court show the complexity of prosecuting financial crimes tied to historical transactions and political entities. The High Court appeal adds another chapter to this multifaceted legal saga.
