ED Moves Delhi High Court against Trial Court's Order in National Herald Case

The Enforcement Directorate has moved the Delhi High Court, challenging the recent order passed by the Trial Court, which did not take cognizance of the chargesheet filed by the Enforcement Directorate against Congress leaders Sonia Gandhi, Rahul Gandhi, and others.

The ED has challenged the December 16 order 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 Trial Court had 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.

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.

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.

Hearing Expected: Next week

Date: 19 December 2025