New Delhi, 22 Dec

The Delhi High Court on Monday sought responses from Congress leaders Sonia Gandhi, Rahul Gandhi and others on a plea by the Enforcement Directorate (ED) challenging a trial court order that refused to take cognisance of its prosecution complaint in the National Herald money laundering case.

Justice Ravinder Dudeja issued notice on the ED’s main petition as well as on its application seeking a stay on the December 16 trial court order. The trial court had held that taking cognisance of the ED’s complaint was “impermissible in law” as it was not based on a first information report (FIR) for a scheduled offence under the Prevention of Money Laundering Act (PMLA).

The high court has listed the matter for further hearing on 12 March 2026.

Apart from Sonia and Rahul Gandhi, notices were also issued to Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise Pvt Ltd and Sunil Bhandari.

Solicitor General Tushar Mehta appeared for the ED, while senior advocates Abhishek Singhvi and RS Cheema represented the Gandhis. During the hearing, Mehta argued that the trial court’s reasoning had gone “horribly wrong” and warned that the interpretation would have wider ramifications for other money laundering cases.

He submitted that after completing an investigation, the ED files a prosecution complaint akin to a police chargesheet. Singhvi disputed the ED’s submissions but accepted notice on behalf of the Gandhis, saying, “I want to say something. I am only saying that there is a perspective which is contrary to what my friend is saying.”

In its plea, the ED contended that the trial court order effectively granted immunity to a category of alleged money launderers solely because the scheduled offence originated from a private complaint rather than an FIR registered by a law enforcement agency. It argued that serious allegations against the accused could not be brushed aside on technical grounds.

The agency also alleged that the trial court order suffered from judicial overreach. “The sole ground given for declining cognisance is that a prosecution complaint filed by an authorised officer under the PMLA cannot be based on a scheduled offence emanating from a private complaint filed by a private individual…,” the plea stated.

The trial court had earlier observed that despite a complaint by BJP leader Subramanian Swamy and a summoning order in 2014, the CBI did not register an FIR for the scheduled offence. It noted that the ED recorded an ECIR in June 2021 despite the absence of such an FIR.

The ED has accused the Gandhis and others of conspiracy and money laundering, alleging that the acquisition of AJL properties worth approximately Rs 2,000 crore was facilitated through Young Indian.