A Delhi court on Tuesday refused to take cognisance of the Enforcement Directorate’s (ED) money laundering charges against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case. The ED has said it will file an appeal against the court order.
Special Judge Vishal Gogne noted that the chargesheet filed by the ED is based on an investigation into a complaint by a private individual and not on an FIR of a predicate offence. “Its cognisance is impermissible in law,” the judge said.
Reading out the operative part of the order, the judge added that the Delhi Police’s Economic Offences Wing has already lodged an FIR in the case.
“Hence, it will be premature to adjudicate on ED’s arguments in the case based on merits,” he said.
The ED had accused Sonia Gandhi and Rahul Gandhi, along with late Congress leaders Motilal Vora and Oscar Fernandes, as well as Suman Dubey, Sam Pitroda, and the private company Young Indian, of conspiracy and money laundering.
The agency alleged that they acquired properties worth approximately Rs 2,000 crore belonging to Associated Journals Limited (AJL), the publisher of the National Herald newspaper. The Gandhis reportedly held a majority 76 per cent stake in Young Indian, which the ED claimed “fraudulently” usurped AJL’s assets in exchange for a Rs 90 crore loan.
Following the court’s order, the Congress party claimed that the decision exposes the “illegality” of the Narendra Modi government and its “politically motivated prosecution.”
In a statement, Congress spokesperson Supriya Shrinate said, “The ED’s proceedings against Congress leadership – Sonia Gandhi and Rahul Gandhi – in the case have been found to be completely illegal and malafide by the court. The malafide and illegality of the Modi government stands fully exposed. The court has ruled that the ED case is without jurisdiction; it has no FIR, without which there is no case. This politically motivated prosecution by the Modi government over the last decade of the principal opposition party stands exposed before the people of India.”
Shrinate further added, “No case of money laundering, no proceeds of crime and no movement of property; all baseless charges that have been a part of a political witch hunt, propaganda, reputation assassination and campaign which stands defeated today.”
She concluded by reaffirming the Congress leadership’s stance: “We cannot, and will not ever be intimidated, because we fight for the truth.”
Party general secretary K C Venugopal said, "Through this judgment, the court has exposed the illegal and mala fide political targeting by the Narendra Modi government."
"From day one, the opposition, especially Sonia Gandhi and Rahul Gandhi, has been targeted without any legal basis or wrongdoing. This judgment clearly vindicates our stand," he added.