A Delhi trial court on Tuesday refused to take cognisance of the Enforcement Directorate’s chargesheet against Sonia and Rahul Gandhi in connection with the National Herald money-laundering case, prompting the Congress to say that the "mala fide" intent and "illegality of the Modi government stand fully exposed".
The Congress has been maintaining that the ED’s probe was an act of "political vendetta" and "intimidation" by the Narendra Modi government. Sources in the ED, which was left with egg on its face, said the agency would challenge the trial court ruling in a higher court.
The trial court ruled that the prosecution chargesheet filed by the ED against the Gandhis was not maintainable in law as it was not founded on an FIR relating to a scheduled offence under the Prevention of Money Laundering Act. The court said the money-laundering proceedings were based on a cognisance and summoning order passed on a private complaint filed under Section 200 CrPC by BJP leader Subramanian Swamy, and not on an FIR.
“Since the present prosecution complaint pertaining to money laundering is founded on cognisance and summoning order upon a complaint by a public person, namely Dr Subramanian Swamy, and not upon an FIR, cognisance of the present complaint is impermissible in law,” said special judge Vishal Gogne of Rouse Avenue Court while dismissing the complaint.
The court, however, said that the Gandhis were not entitled to a copy of the FIR that the Delhi police registered against them in October. Acting on a complaint from the ED, which is probing the case, the Delhi police’s economic offences wing filed an FIR and charged Sonia, Rahul and others with criminal conspiracy and cheating. Sources said the move was an "afterthought" and was aimed at strengthening the case.
“The mala fide and illegality of the Modi government stand 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.
“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,” the Congress said in a statement.





