A special court in Delhi has dismissed the complaint filed by the Enforcement Directorate under the Prevention of Money Laundering Act against Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald case. The ruling was issued by Special Judge Vishal Gogne of the Rouse Avenue Court, which found that the ED’s complaint could not be entertained because it was not based on a valid predicate First Information Report. The court observed that the underlying case originated from a private complaint rather than a police-registered FIR, and since a valid FIR is essential for initiating proceedings under the PMLA, the ED’s complaint was procedurally untenable at this stage.
The National Herald case has involved allegations of financial irregularities and money laundering related to the takeover of Associated Journals Limited and the use of assets and funds by Young Indian. The ED’s complaint sought to frame charges against Sonia Gandhi, Rahul Gandhi, and others, claiming that the transactions and arrangements associated with the newspaper constituted offences under the PMLA. However, the Delhi court held that without a proper FIR, the statutory foundation for a PMLA prosecution was absent, rendering the complaint non-maintainable.
By refusing to take cognisance of the ED’s complaint, the court effectively halted the progression of the money-laundering prosecution against the Gandhis at this stage, providing them legal relief. The ruling emphasized that procedural thresholds in criminal law must be adhered to, and investigative agencies cannot initiate prosecution without satisfying statutory requirements. The court’s order underscored that agencies must ensure that complaints under complex statutes like the PMLA are grounded in valid investigative and procedural frameworks.
The judgment highlights the importance of maintainability and due process in criminal proceedings, particularly in high-profile cases involving prominent public figures. Although the ED may explore appellate options, the court’s decision demonstrates the judiciary’s role in enforcing procedural safeguards and ensuring that prosecutions are legally sound before moving forward. This ruling provides a procedural pause in the National Herald case, clarifying that enforcement agencies must base their actions on valid and legally recognized grounds before proceeding with money-laundering allegations.
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