A Delhi court ruled that Rahul Gandhi and Sonia Gandhi are not entitled to receive a copy of the FIR in the National Herald case, while dismissing the ED’s money laundering complaint for now, granting the agency liberty to return after further investigation.
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NEW DELHI: A Delhi court on Monday ruled that Congress leaders Rahul Gandhi, Sonia Gandhi, and other accused are not entitled to receive a copy of the FIR registered against them by the Delhi Police in connection with the National Herald case. However, the court clarified that the accused must be informed about the registration of the FIR.
The order was passed by Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts, who set aside an earlier direction issued by a Magistrate court.
The FIR was registered by the Economic Offences Wing (EOW) of Delhi Police on October 3, naming Rahul Gandhi, Sonia Gandhi, Sam Pitroda, Suman Dubey, Young Indian, and others as accused. The charges include:
- Cheating
- Dishonest misappropriation of property
- Criminal breach of trust
- Criminal conspiracy
The FIR was lodged based on information shared by the Enforcement Directorate (ED) under Section 66(2) of the Prevention of Money Laundering Act (PMLA).
On October 4, the police submitted a copy of the FIR before the Additional Chief Judicial Magistrate (ACJM). Two days later, the ACJM directed the police to inform the accused and supply them a copy of the FIR.
Police Challenge Magistrate’s Order
The Delhi Police challenged the ACJM’s order on October 8, arguing that:
- The direction had no legal backing
- It amounted to judicial overreach
- There was no application by the accused seeking a copy of the FIR
- The order violated Supreme Court precedents
Special Judge Vishal Gogne stayed the ACJM’s order the same day and later ruled that while the accused may be informed about the FIR, they are not legally entitled to receive a copy at this stage.
ALSO READ: National Herald Case: Court Postpones Hearing of Sonia and Rahul Gandhi to October 30
In a significant parallel development, the same court refused to take cognizance of the ED’s money laundering case against Rahul Gandhi, Sonia Gandhi, and five others in the National Herald matter.
Judge Vishal Gogne held that cognizance cannot be taken at this stage because the ED’s case was based on:
- A private complaint filed by BJP leader Subramanian Swamy
- Summoning orders issued by a magistrate
- Not on any FIR, which is mandatory for proceeding further
“Complaint dismissed,”
the court said.
However, the court noted that since the Delhi Police has now registered a fresh FIR and the ED has informed the court that it is conducting further investigation, the agency may make additional submissions at a later stage if required.
Background: National Herald Case
This case originates from a 2012 complaint filed by BJP leader Subramanian Swamy, who accused Congress leaders of cheating and breach of trust in the acquisition of AJL.
The court’s decision on whether to take cognizance will come after receiving clarifications from the ED.
The National Herald case involves a Rs. 90 crore loan provided by the Congress party to Associated Journals Ltd. (AJL), the publisher of the National Herald, which was assigned to Young Indian for a sum of Rs. 50 lakh. Allegations have been made regarding the misappropriation of assets exceeding Rs.2,000 crore in this equity transaction.
Earlier on Nov 29, a Delhi court deferred its decision on taking cognisance of the ED’s chargesheet in the National Herald case, with Special Judge Vishal Gogne rescheduling the order to December 16.
The Enforcement Directorate has accused Sonia Gandhi, Rahul Gandhi, the late Motilal Vora and Oscar Fernandes, along with Sam Pitroda, Suman Dubey, Young Indian, and other entities, of conspiracy and money laundering. The agency alleges that assets worth around Rs 2,000 crore belonging to Associated Journals Limited (AJL) were fraudulently taken over through Young Indian, in which the Gandhis held a 76% stake, in exchange for a Rs 90 crore loan.
The ED has claimed that Young Indian was a shell entity used to gain control over AJL’s assets through fake transactions. However, the Gandhi family has denied the allegations, with their lawyers arguing that no assets were transferred or monetised and that the move was aimed at reviving the non-profit National Herald newspaper, not personal enrichment.
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