The court said that the complaint filed by ED under PMLA was not maintainable since the case was based on a private complaint filed by BJP leader Subramanian Swamy before a magistrate and not any FIR.
Published Dec 16, 2025 | 12:46 PM ⚊ Updated Dec 16, 2025 | 12:46 PM
Sonia Gandhi and Rahul Gandhi. (X)
Synopsis: The Rouse Avenue Court in Delhi dismissed the money laundering complaint lodged by the Enforcement Directorate against Congress leaders Rahul Gandhi and Sonia Gandhi in connection with the National Herald case.
The Rouse Avenue Court in Delhi on Tuesday, 16 December, dismissed the money laundering complaint lodged by the Enforcement Directorate (ED) against Congress leaders Rahul Gandhi and Sonia Gandhi in connection with the National Herald case.
Special Judge (PC Act) Vishal Gogne said that the complaint filed by ED under the Prevention of Money Laundering Act (PMLA) was not maintainable since the case was based on a private complaint filed by BJP leader Subramanian Swamy before a magistrate and not any FIR.
“Since the present prosecution complaint pertaining to the offence money laundering is founded on cognisance and summoning order upon a complaint under Section 200 CrPC filed by a public person, namely Dr Subramanian Swamy, and not upon an FIR, cognisance of the present complaint is impermissible in law,” the court ruled, reported Bar and Bench.
The court noted that ED can initiate money laundering cases only based on an FIR under the offences mentioned in the schedule of the PMLA.
“An investigation and the consequent prosecution complaint pertaining to the offence of money laundering defined under Section 3 and punishable under Section 4 is not maintainable in the absence of a FIR or the offence mentioned in the Schedule to the Act,” the Court said as it dismissed the ED complaint against Gandhis.
Further, the Court took note of the FIR by Delhi Police’s Economic Offences Wing (EOW) and said it would be premature and imprudent to decide the submissions made by the ED in relation to the merits of the allegations.
“Cognisance of the offence defined under Section 3 and punishable under Section 4 is declined. The complaint is dismissed,” the Court ordered.
The National Herald case stems from a private complaint by Swamy, accusing Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda, and the Gandhi family-controlled Young Indian of cheating, criminal conspiracy, criminal breach of trust and misappropriation of property.
The ED alleged that there was laundering of ‘proceeds of crime’ derived from the alleged fraudulent takeover of the properties of Associated Journals Limited (AJL) — the publishers of National Herald, which is worth more than ₹2,000 crore — by Young Indian.
ED alleged that the shares of AJL were transferred to Young Indian to illegally obtain the assets of AJL and that the value of shares, the immovable properties of AJL and the rent generated from them are the alleged proceeds of crime.
