National Herald Case: Major Relief for Sonia and Rahul as Court Refuses to Take Cognisance of ED Chargesheet

New Delhi (The Uttam Hindu): In a significant legal relief for the Gandhi family, the Delhi Rouse Avenue Court has refused to take cognisance of the chargesheet filed by the Enforcement Directorate (ED) in the National Herald case. The court’s decision is being seen as an important setback for the investigating agency and a major relief for Congress leaders Sonia Gandhi and Rahul Gandhi.

While passing the order, the court stated that a money laundering investigation and the related prosecution cannot be considered valid unless a proper FIR is registered for the scheduled offence. The court clarified that under the provisions of the Prevention of Money Laundering Act (PMLA), it is mandatory for the ED to have a registered FIR in the predicate offence before initiating an investigation.

The court further observed that the FIR on the basis of which the money laundering probe was supposed to proceed has still not been registered. According to the court, the CBI has so far refrained from registering an FIR in the case, yet the ED went ahead and registered an ECIR and continued its investigation without the mandatory FIR. The court held that such action is not in accordance with the law.

In its findings, the court said that in the absence of an FIR, not only the money laundering investigation but also the prosecution complaint cannot be sustained. The court also made it clear that taking cognisance of a money laundering case solely on the basis of a complaint filed by a private individual is legally impermissible.