New Delhi, December 22, 2025: The Delhi High Court on Monday issued notices to all respondents, including senior Congress leaders Sonia Gandhi and Rahul Gandhi, on an appeal filed by the Enforcement Directorate (ED) challenging a trial court order in the National Herald money-laundering case.
Justice Ravinder Dudeja heard the matter and fixed March 12, 2026, for further hearing after considering detailed arguments presented by the ED. The central agency was represented by Solicitor General Tushar Mehta, while senior advocates Abhishek Manu Singhvi and R.S. Cheema appeared for the Gandhi family.
During the proceedings, the Solicitor General argued that the trial court had erred in law by refusing to take cognisance of the ED’s prosecution complaint on the ground that no FIR had been registered for the scheduled offence. He contended that the Prevention of Money Laundering Act (PMLA) does not mandate that a scheduled offence must arise only from an FIR and that criminal proceedings can also be initiated through a private complaint.
Mehta submitted that, in the present case, a competent court had already taken cognisance of the private complaint constituting the scheduled offence and that the order had been upheld up to the Supreme Court. This, he said, placed the case on a stronger legal footing than matters based solely on police FIRs. He further informed the Court that witnesses had been examined after cognisance was taken, demonstrating judicial application of mind at an early stage.
The Court sought clarification on whether cognisance had been taken after examining the complainant. Responding in the affirmative, the Solicitor General urged the bench to list the matter for final adjudication. However, senior advocate Singhvi pointed out that some respondents were yet to be formally served with notice.
The ED’s appeal challenges the order of the Rouse Avenue Court, which declined to take cognisance of the agency’s prosecution complaint in the National Herald case. The trial court had held that proceedings under the PMLA could not be sustained in the absence of an FIR for the scheduled offence, though it clarified that it was not commenting on the merits of the allegations and permitted further investigation following a subsequent FIR by the Delhi Police’s Economic Offences Wing.
The case pertains to alleged financial irregularities involving Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, Young Indian, Dotex Merchandise Pvt Ltd and others in connection with the National Herald matter.
