The Delhi High Court is set to hear a crucial petition by the Enforcement Directorate (ED) on Monday, challenging a trial court’s refusal to take cognisance of its chargesheet against Congress leaders Sonia Gandhi, Rahul Gandhi, and others in the National Herald money laundering case.
The matter will be heard by Justice Swarana Kanta Sharma.
The Core Conflict: A Question of Law
The central issue revolves around whether the ED can prosecute a money laundering case without a formal FIR.
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The Trial Court’s Stance: On December 16, 2025, a trial court ruled that the ED’s complaint was “impermissible in law.” It argued that since the case originated from a private complaint by BJP leader Subramanian Swamy—rather than an FIR filed by a law enforcement agency like the CBI—it did not meet the legal requirements under the Prevention of Money Laundering Act (PMLA).
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The ED’s Argument: The agency, represented by Solicitor General Tushar Mehta, contends that the trial court’s decision is “patently perverse.” The ED argues that a court-recognised private complaint holds more legal weight than a mere FIR and that the ruling effectively provides a “hall pass” to money launderers.
Key Figures and Allegations
The ED has accused several high-profile individuals and entities of conspiracy and money laundering related to the acquisition of Associated Journals Limited (AJL) assets.
Individuals Noticed by the Court:
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Sonia Gandhi & Rahul Gandhi (Holding a 76% majority in Young Indian)
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Suman Dubey
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Sam Pitroda
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Sunil Bhandari
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Entities: Young Indian and Dotex Merchandise Pvt Ltd.
The Allegation: The ED claims the accused “fraudulently” usurped assets worth approximately Rs 2,000 crore belonging to AJL (the publisher of the National Herald) through a shell-like takeover by Young Indian in exchange for a Rs 90 crore loan.
What’s at Stake?
The High Court previously issued notices to the Gandhis in December 2022 regarding the ED’s request to stay the trial court’s order. If the High Court rules in favor of the ED today, it could pave the way for a full trial against the Congress leadership, potentially setting a significant legal precedent for how PMLA cases are initiated in India.
