National Herald Case: Delhi Court Refuses to Take Note of ED’s Prosecution Complaint Against Gandhis; FIR Copy Denied

New Delhi: In a major development in the National Herald case, a Delhi court on Tuesday refused to take note of the Enforcement Directorate’s (ED) prosecution complaint against Congress leaders Rahul Gandhi and Sonia Gandhi, dealing a setback to the agency’s money laundering case.

Judge Vishal Gogne held that cognizance of the ED’s case cannot be taken at this stage as it is based on a private complaint filed by BJP leader Subramanian Swamy and the summoning orders passed by a magistrate, and not on an FIR. The court categorically observed that a private complaint cannot be the basis of a money laundering case and accordingly rejected the ED’s chargesheet, saying, “Complaint dismissed.”

Delhi's Rouse Avenue court, however, clarified that the ED can continue its investigation, noting that the Delhi Police have now registered a fresh FIR in the National Herald matter and the agency has stated that further investigation is underway. The court said the ED may make further submissions in the case, if required, based on the FIR.

Separately, the court also ruled that Rahul Gandhi, Sonia Gandhi and other accused named in the Delhi Police FIR are not entitled to a copy of the FIR at this stage. Justice Gogne set aside a magistrate’s earlier order that had directed the Delhi Police to supply the FIR copy to the accused. However, the court clarified that the accused must be informed that an FIR has been registered.

Sources in the ED said the court had given the order on technical grounds.

“The court has not commented on merit of the case. Now that there is an FIR by the Delhi Police, we will continue our investigation and again file chargesheet once Delhi Police file it. It’s a clear-cut case of money laundering and that has been established in the investigation,” the source said.

The National Herald Probe

The National Herald case originated from a complaint filed by former MP Subramanian Swamy, alleging misuse of funds by Congress leaders and companies linked to Associated Journals Ltd (AJL).

The case centres on allegations that the Congress‑linked newspaper was transferred to ‘Young Indian’ in a manner that may have defrauded the public exchequer. The investigation, launched earlier this year, has now drawn in a senior state leader.

The Economic Offences Wing (EOW) of the Delhi Police’s request is sweeping, covering tax filings, banking records, donation paperwork and any correspondence that could shed light on the financial trail linking Shivakumar to ‘Young Indian’ or the AICC. The police are also keen to understand whether any payments to or from the deputy chief minister were made on instructions from other party officials.