New Delhi: The Delhi High Court on Monday issued a notice to Congress Parliamentary Party Chairperson Sonia Gandhi, Leader of Opposition Rahul Gandhi, and others seeking their response to a plea filed by the Enforcement Directorate (ED).
The central agency has challenged a recent trial court order that refused to take cognizance of its money laundering complaint in the National Herald case.
Key Legal Developments:
- The Bench: Justice Ravinder Dudeja issued the notice on the ED's criminal revision petition and listed the matter for further hearing on March 12, 2026.
- The ED’s Argument: Solicitor General Tushar Mehta, appearing for the ED, argued that the trial court's decision sets a dangerous precedent. He submitted that if the order is allowed to stand, it would render the Prevention of Money Laundering Act (PMLA) "otiose and redundant".
- The Core Dispute: The ED contends that the trial court erred in holding that it could not act in cases where a competent court has already taken cognizance of a private complaint (in this case, by Subramanian Swamy) rather than a police FIR.
Background - The Trial Court Order: Earlier this week, Special Judge Vishal Gogne of the Rouse Avenue Court dismissed the ED's prosecution complaint, terming it "not maintainable in law". The trial court ruled that an ED investigation must be based on an FIR for a scheduled offence and cannot stem solely from a private complaint, even if a magistrate has taken cognizance of it.
While granting relief to the Gandhis, the trial court had clarified that the ED was free to continue its investigation in accordance with the law, especially since the Delhi Police Economic Offences Wing (EOW) had recently registered a fresh FIR in the matter.
Parties Involved: Apart from the Gandhis, the High Court has sought responses from other accused including Congress Overseas chief Sam Pitroda, journalist Suman Dubey, and Young Indian (YI).