BREAKING| National Herald Case: No FIR Copy for Gandhis; Delhi Court Refuses Cognisance of ED Chargesheet
Rouse Avenue Court passed key orders in the National Herald case involving Sonia Gandhi and Rahul Gandhi, denying FIR access and declining cognisance of the ED chargesheet
Delhi’s Rouse Avenue Court on Tuesday ruled that Congress leaders Rahul Gandhi and Sonia Gandhi, along with other accused, are not entitled to a copy of the FIR in proceedings arising out of a fresh case registered by the Delhi Police’s Economic Offences Wing in the National Herald matter.
In a parallel development, the Court declined to take cognisance of the chargesheet filed by the Enforcement Directorate in the National Herald money laundering case, holding that the statutory requirements for taking cognisance were not met at this stage.
The order was passed by Special Judge Vishal Gogne, who observed that while the ED is at liberty to continue further investigation, the Court cannot presently proceed to take cognisance of the prosecution complaint.
The Court noted that the ED’s case originates from a private complaint filed by BJP leader Subramanian Swamy and the subsequent summoning orders passed by a magistrate, rather than from a registered FIR. In such circumstances, the judge held, cognisance of the chargesheet could not be taken in the manner sought by the prosecution.
On the issue of access to the FIR registered by the Economic Offences Wing, the Court held that the accused have no enforceable right to obtain a copy of the FIR at the present stage of the proceedings.
The Delhi Police’s Economic Offences Wing had registered a fresh FIR against Congress leaders Sonia Gandhi and Rahul Gandhi, acting on a detailed complaint from the Enforcement Directorate that alleges a criminal conspiracy and a Rs 988 crore money laundering scheme in the National Herald matter.
The chargesheet names several senior Congress leaders, including Sam Pitroda, Suman Dubey, and others, under the Prevention of Money Laundering Act (PMLA).
The FIR is based on findings from an extensive investigation under the Prevention of Money Laundering Act. The ED has alleged that the Gandhis and other office-bearers engineered a plan, through Young Indian Pvt Ltd, to acquire Associated Journals Limited; the publisher of the National Herald, and its real estate assets valued at over Rs 2000 crore for just Rs 50 lakh. Sonia Gandhi and Rahul Gandhi collectively hold 76 percent shares in Young Indian, which the ED says made them the ultimate beneficiaries.
According to the complaint, the alleged conspiracy began in 2010 when the All India Congress Committee assigned its right to recover a loan of Rs 90.21 crore from AJL to Young Indian for Rs 50 lakh. AJL thereafter converted this entire outstanding loan into equity by issuing more than 9 crore shares to Young Indian. This resulted in Young Indian acquiring 99 percent control over AJL and its properties.
The agency has also cited additional alleged irregularities: the collection of Rs 18.12 crore in bogus donations to meet a tax demand, the creation of Rs 38.41 crore in fake advance rent receipts without actual rental agreements, and doubts over the genuineness of Rs 29.45 crore in advertising revenue claimed by AJL’s publications.
The ED has quantified the total proceeds of crime at Rs 988.03 crore. This includes the value of AJL shares (Rs 90.21 crore), underlying properties (Rs 755.15 crore), and rental income accrued since the takeover (Rs 142.67 crore). Properties worth Rs 751.91 crore have already been attached.
In a related news, on November 29, the Delhi's Rouse Avenue Court postponed its decision on whether to take cognisance of the Enforcement Directorate’s chargesheet in the National Herald money-laundering case, extending the wait in the politically significant matter. The Court has deferred the pronouncement of his order to December 16.
On November 7, the Court had reserved its order on the ED's chargesheet in the National Herald money laundering case, in which Congress leaders Sonia Gandhi and Rahul Gandhi are among the accused.
It is to be noted that on July 12, the ED had told the Delhi Court that Young Indian Ltd was used as a vehicle for money laundering and alleged that contributing funds to the company was linked to securing Congress party tickets to contest elections. On July 8, the ED had accused top Congress leaders, including Sonia Gandhi and Rahul Gandhi, of criminal breach of trust and money laundering, alleging that the takeover of Associated Journals Limited (AJL) by Young Indian was a fraudulent transaction designed to usurp assets worth over Rs. 2,000 crore.
Bench: Special Judge Vishal Gogne
Hearing Date: December 16, 2025