Congress leaders Sonia Gandhi and Rahul Gandhi
Credit: PTI File Photo
New Delhi: A Delhi court on Tuesday declined to take cognisance of the Enforcement Directorate's money laundering charge against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case.
The ED said it would file an appeal against the court order.
Special Judge Vishal Gogne noted the chargesheet filed in the case is based on an investigation into a complaint by a private person and not on an FIR of a predicate offence. Its cognisance is impermissible in law, the judge said.
The court noted that the Delhi Police’s Economic Offences Wing has already lodged an FIR, and it would be premature to examine the merits of the ED’s arguments.
Delhi Police, on October 3, filed an FIR against Congress leaders Sonia Gandhi and Rahul Gandhi, and other accused in the National Herald case on a complaint by the ED.
The ED accused the Gandhis, as well as late party leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering.
It was alleged that they acquired properties worth approximately Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper.
The investigation agency further alleged that the Gandhis held the majority 76 per cent shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a Rs 90 crore loan.
The court also set aside a magisterial court's order directing the Delhi Police to provide a copy of the FIR registered by them against Rahul Gandhi and Sonia Gandhi.
The judge, however, ruled that the accused may be informed that the FIR has been registered.