The Delhi High Court has issued notices to Congress leaders Sonia Gandhi and Rahul Gandhi, along with five others, in response to a plea filed by the Enforcement Directorate (ED) challenging a trial court order regarding the National Herald case. Justice Ravinder Dudeja presided over the hearing on December 22, 2025, and has scheduled the matter for further hearing on March 12, 2026.
The ED's plea contests a December 16 trial court order that refused to recognize its chargesheet against the Gandhis and others in the National Herald case. The trial court stated that the ED's complaint was "impermissible in law" because it was not based on a First Information Report (FIR). The ED has alleged that the accused acquired assets worth ₹2,000 crore for ₹50 lakh.
Solicitor General Tushar Mehta, representing the ED, argued that the trial court's order misinterprets the Prevention of Money Laundering Act (PMLA) and could have wider implications on other cases. Mehta contended that the trial court had failed to recognize that the relevant court had already taken cognisance of the private complaint made by Subramanian Swamy in the case, adding the cognisance was upheld by the Supreme Court. He argued that the PMLA does not specify that an FIR is necessary for initiating an investigation, but rather that there should be an allegation of criminal activity pertaining to a scheduled offense. He also pointed out that the Supreme Court upheld the cognizance. Mehta asserted that a criminal complaint stands on a higher footing than an FIR.
Senior advocate Abhishek Manu Singhvi, appearing for Rahul Gandhi, stated that there is a perspective contrary to the ED's submissions. The court has allowed the respondents to file a rejoinder.
The National Herald case revolves around the acquisition of Associated Journals Limited (AJL), the publisher of the now-defunct National Herald newspaper. In 2010, Young Indian Pvt Ltd (YIL), a newly formed company, acquired AJL's debts from the Indian National Congress for ₹50 lakh. The ED has alleged that the Gandhis held the majority (76%) of shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a ₹90 crore loan.
The ED has accused Sonia and Rahul Gandhi, along with late Congress leaders Motilal Vora and Oscar Fernandes, Suman Dubey, Sam Pitroda, and Young Indian, of conspiracy and money laundering. The agency claims that the accused acquired assets worth approximately ₹2,000 crore belonging to AJL.
The trial court had noted that despite receiving Subramanian Swamy's complaint and the summoning order in 2014, the Central Bureau of Investigation (CBI) did not register an FIR. The trial court said that an investigation and the consequent prosecution complaint pertaining to the offense of money laundering is "not maintainable" in the absence of an FIR for the offense mentioned in the schedule to the Prevention of Money Laundering Act (PMLA).
