A Delhi Magistrate ordered the police to inform Rahul and Sonia Gandhi about the FIR in the National Herald case and give them a copy. But the Sessions Court quickly stayed the order after the police challenged it.
Three days after the Delhi Police registered an FIR against Rahul Gandhi, Sonia Gandhi and others in the National Herald case, a Magistrate directed the police to inform the Gandhis and the rest of the accused about the FIR and provide them a copy.
But within two days, a Sessions Court put this order on hold after the police filed a revision petition.
The Economic Offences Wing (EOW) of the Delhi Police had filed the FIR on October 3. It named the Gandhis, Sam Pitroda, Suman Dubey, Young Indian and several others for serious offences, including cheating, dishonest misappropriation of property, criminal breach of trust, and criminal conspiracy.
The FIR was registered on the basis of information shared by the Enforcement Directorate (ED) under Section 66(2) of the Prevention of Money Laundering Act (PMLA).
The ED is already looking into the money-laundering angle of this case, which comes from a court-taken cognisance of a complaint filed by BJP leader Subramanian Swamy.
According to court records, on October 4, the police placed a copy of the FIR before the Additional Chief Judicial Magistrate (ACJM). Two days later, the ACJM passed directions to the police to inform the accused persons about the FIR and supply its copy to them.
However, on October 8, the Delhi Police approached the Sessions Court to challenge this order.
The case was then placed before Special Judge (PC Act) Vishal Gogne at the Rouse Avenue Courts. Additional Public Prosecutor Atul Srivastava, who appeared for the police, argued that the Magistrate’s directive had no legal basis and was possibly an example of judicial overreach.
Special Public Prosecutor Zoheb Hossain, appearing for the EOW, also said that the ACJM’s directions went against a Supreme Court judgment and that no accused had filed any application seeking a copy of the FIR.
After listening to the arguments, the Sessions Court stayed the Magistrate’s direction. The Court observed:
“The court has considered the impugned order, the opening submissions and also the multiple citations referred by the ld Counsels for the EOW. It is directed that notice of the present petition be issued to the State viz the prosecutor assigned to this court. The matter shall be taken up for submissions on the next date. The operation of the impugned order dated 06.10.2025 is stayed till the next date.”
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Since the stay order, the Sessions Court has heard the case on two occasions. On November 1, the Court heard detailed submissions and fixed November 25 for passing its order.
But when the High Court declared November 25 a holiday, the matter was taken up on November 26. Although the order of that day is not yet uploaded, the case history shows that the Court sought certain clarifications from the police.
The case is now scheduled for its next hearing on December 15.
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